P.Selvi v. The Government Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Sixteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH WMP(MD) No.13827 of 2018 IN WP(MD) No.15330 of 2018 P.SELVI ... PETITIONER Vs 1 THE GOVERNMENT OF TAMILNADU REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009.
2 THE ADDL.CHIEF SECRETARY/ COMMISSIONER OF LAND ADMINISTRATION, EZHILAGAM, CHEPAUK, CHENNAI - 600 005.
3 THE DISTRICT REVENUE OFFICER MADURAI DISTRICT, MADURAI.
4 THE REVENUE DIVISIONAL OFFICER USILAMPATTI DIVISION, MADURAI.
5 THE TAHSILDAR USILAMPATTI TALUK, MADURAI DISTRICT, MADURAI. 6 KARTHIKEYAN ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant Interim Stay of the operation of the order passed by the 3rd respondent in Na.Ka.No. G2/30994/2016 dated 16.04.2018 till the disposal of the present Writ Petition.
Prayer in WP(MD). 15330/ 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified mandamus calling for the records pertaining to the impugned order passed by the 3rd Respondent herein vide his Na.Ka.No. G2/30994/2016 dated 16.04.2018, quash the same and consequently direct the respondents to grant patta for an extent of
0.20.0 aires of land comprising in S.No. 34/29 of Panniyaan Village, Usilampatti Taluk, Madurai District on the basis of the order passed by the Appellate Authority and 4th Respondent vide Na.Ka.No. 1213/2015 A2 dated 04.07.2016.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.I.IRULAPPAN, Advocate for the petitioner and of MR.V.ANAND Government Advocate for R1 to R5 the court made the following order:- It is the submission of the learned counsel for the petitioner that pursuant to the UDR rectification made by the Village Administrative Officer on 26.07.2007 patta was transferred in favour of the sixth respondent. The learned counsel further submits that the proceedings before the Revenue Divisional Officer was pursuant to the directions of the District Collector. Therefore the Revenue Divisional Officer was justified in considering the District Revenue Officer's proceedings dated 26.07.2007 and transferring the patta in favour of the petitioner herein for want of any valid patta being transferred in the name of sixth respondent. It is further seen that the District Revenue Officer has not considered this aspect while passing the impugned order. This aspect requires further deliberations.
2. However, since the petitioner had made out a prima facie case for grant of interim order, there shall be an order of inteim stay for the present.
3. Mr. V.Anand learned Government Advocate, takes notice for respondent 1 to 5. Notice to the sixth respondent returnable by 14.08.2018. Private notice is also permitted.
4. Post the matter on 18.08.2018 sd/- 16/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL SECRETARY, GOVERNMENT OF TAMILNADU REVENUE DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009. 2 THE ADDL.CHIEF SECRETARY/ COMMISSIONER OF LAND ADMINISTRATION, EZHILAGAM, CHEPAUK, CHENNAI - 600 005.
3 THE DISTRICT REVENUE OFFICER MADURAI DISTRICT, MADURAI.
4 THE REVENUE DIVISIONAL OFFICER USILAMPATTI DIVISION, MADURAI.
5 THE TAHSILDAR USILAMPATTI TALUK, MADURAI DISTRICT, MADURAI. +1. C.C. to M/S.I.IRULAPPAN Advocate SR.No.13310 GJM/RR/ASVM/20.7.18-3P-7C
ORDER
IN WMP(MD) No.13827 of 2018 IN WP(MD) No.15330 of 2018 Date :16/07/2018