Madras High CourtWP(MD)/9191/2022dismissed

Maniyan v. The Revenue Divisional Officer

2022-06-21Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.9191 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.9191 of 2022 and W.M.P.(MD)No.6560 of 2022 1.Maniyan 2.Ganesan 3.Devadoss 4.Palanichamy 5.Gururaj ... Petitioners Vs.

1.The Revenue Divisional Officer, Illupur, Pudukkottai District.

2.The Tahsildar, Illupur Taluk, Pudukkottai District.

3.Rajathi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 and 2 to cancel the patta vide No.2363 in survey No.100/23 in favour of Tmt.Rajathi and dispose the petitioner's representation dated 24.01.2022.

For Petitioners : Mr.A.Vadivel For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 & R2 Mr.K.Baalasundharam for R3

ORDER

This writ petition has been filed for cancelling the patta granted in favour of the third respondent.

2.When the matter was taken up for hearing, the learned counsel for the third respondent produced the original assignment made in https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.9191 of 2022 favour of the third respondent. It is seen that the lands form part of a larger extent of land belong to one Subramaniya Chettiyar and that proceedings were taken against him under Tamilnadu Land Reforms Act. The third respondent was identified as one of the beneficiaries and under Rule 8(6) of the statutory rules assignment was made in favour of the third respondent. Such an assignment cannot be be cancelled at this point of time. The petitioners have not made out any case for cancellation of the assignment made in favour of the third respondent. The writ petition is dismissed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // /07/2022 Sub Assistant Registrar(CS) ias To:

1.The Revenue Divisional Officer, Illupur, Pudukkottai District.

2.The Tahsildar, Illupur Taluk, Pudukkottai District.

+1 CC to M/s.A. VADIVEL, Advocate ( SR-27351[F] dated 22/06/2022 ) +1 CC to M/s.SPL.GP ( SR-27722[F] dated 23/06/2022 ) W.P(MD)No.9191 of 2022 21.06.2022 RK/05.07.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2