Arumugam, v. The Revenue Divisional

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2015

CORAM:

THE HONOURABLE MS.JUSTICE V.M. VELUMANI W.P.(MD) No.3998 of 2014 Arumugam : Petitioner Vs.

1. The Revenue Divisional Officer, Thiruchirappalli District.

2. The Tasildar, Manachanallur Taluk, Thiruchirappalli District.

3. Kamarunisha : Respondents.

Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to dispose of the representation dated 22.09.2011 preferred by the petitioner herein seeking for cancellation of pata in the name of the third respondent in respect of property admeasuring an extent of 00700 sq.meter situate at Old S.F.No.134/1 gh 1 part New. S.F.No.257/6 Inam Samayapraum, Manachanallur Taluk, Thiruchirappalli District. For petitioner : Mr.J. Maria Roseline For R1 and R2 : Mr. N.S. Karthikeyan Additional Government Pleader

O R D E R

The Writ Petition has been filed praying for issuance of a Writ of Mandamus directing the second respondent to dispose of the representation, dated 22.09.2011, preferred by the petitioner herein seeking for cancellation of patta, in the name of the third respondent in respect of property admeasuring an extent of 00700 sq.meter situated at Old S.F.No.134/1 gh 1 part New. S.F.No.257/6 Inam Samayapraum, Manachanallur Taluk, Thiruchirappalli District.

2. According to the petitioner, he is owner of the property in S.F.No.134/1 gh 1 Part, New S.F.No.257/6. The second respondent has issued patta in favour of the third respondent. Therefore, he has sent an application to the second respondent to cancel the patta issued in favour of the third respondent. The second respondent did not pass any order on the representation, dated 22.09.2011, on the ground that the suit in O.S.No.12/2012 is pending before the Court of Additional District Munsif, Lalgudi. Hence, the petitioner has come out with the present writ petition for the relief stated supra.

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3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. Admittedly, the patta was issued in favour of the third respondent by the second respondent. The second respondent has no power to review his own order. It is for the petitioner to approach the first respondent by way of appeal, for cancellation of patta issued to the third respondent. If the petitioner files an appeal, the first respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks thereafter.

5. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.

To

1. The Revenue Divisional Officer, Thiruchirappalli District.

2. The Tasildar, Manachanallur Taluk, Thiruchirappalli District.

W.P.(MD) No.3998 of 2014 16.10.2015 AM/25.11.2015/AAL.MPA/2P/3C https://hcservices.ecourts.gov.in/hcservices/