Chandra v. The District Revenue Officer

W.P.(MD).No.12146 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.12146 of 2021 Chandra ... Petitioner Vs.

1. The District Revenue Officer, Collectorate Campus, Karur, Karur District.

2. The Sub Collector / Revenue Divisional Officer, Kulithalai, Karur District.

3. The Tahsildar, Taluk Office, Kulithalai, Karur District.

4. Kaaliyappan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus directing the Respondents 1 to 3 particularly the 1st Respondent to cancel the Patta No. 87 issued in the name of the 4th respondent during UDR Scheme for the petitioner property bearing Survey No.13/2, situated at Revenue Village of Iranyamangalam, Kulithalai Taluk, Karur District by considering the petitioner representation dated 29.05.2018 and issue Patta in the petitioner's name. For Petitioner : Mr.R.Murugappan For Respondents : Mr.M.Lingadurai, Government Advocate for R1 to R3

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the first respondent to consider the representation made by the petitioner, on 29.05.2018, wherein, the petitioner has sought for cancellation of patta issued in favour of the 4th respondent and to issue patta in his name. 2.The case of the petitioner is that the subject property belongs to the petitioner by virtue of a registered partition deed, dated 19.03.1983. The grievance of the petitioner is that during the UDR scheme, the patta has been issued in favour of the 4th https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.12146 of 2021 respondent in patta No.87 with respect to the subject property. The petitioner, therefore, made an application before the first respondent, on 29.05.2018. Since the same has not been considered, the present writ petition has been filed before this Court seeking for appropriate directions.

3.Heard Mr.R.Murugappan, the learned counsel appearing for the petitioner and Mr.M.Lingadurai, the learned Government Advocate appearing for the respondents 1 to 3.

4.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the first respondent to consider the representation made by the petitioner, on 29.05.2018 and deal with the same on its own merits and in accordance with law, after affording opportunity to the petitioner and the fourth respondent and pass final orders, within a period of six weeks from the date of receipt of a copy of the order.

5.The petitioner is directed to make a fresh representation to the first respondent along with all relevant documents and also a copy of this order.

6.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The District Revenue Officer Collectorate Campus, Karur, Karur District.

2. The Sub Collector / Revenue Divisional Officer, Kulithalai, Karur District.

3. The Tahsildar, Taluk Office, Kulithalai, Karur District.

+1 CC to M/s. SPL GP (SR-23331[F] dated 20/07/2021 ) W.P.(MD).No.12146 of 2021 19.07.2021 RC (30.07.2021)2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2