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Madras High CourtWP(MD)/13886/2020disposed of

V.Jeyasuseela v. The District Revenue Officer

2020-10-07Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN V.Jeyasuseela ... Petitioner Vs.

1.The District Revenue Officer, O/o. The District Revenue Officer, District Collectorate Buildings, Madurai District.

2.D.Jeyamani 3.D.Adhishtalakshmi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to conduct and conclude the enquiry for cancellation of UDR Patta issued in the name of the respondents 2 & 3 during the UDR survey and to issue patta in the name of the petitioner on the basis of her petition in Na.Ka.No.7156/2020/G5 dated 10.02.2020 filed before the 1st respondent in respect of her property comprised in S.No.99/4, 100/2 situated at Athalai Village, Madurai North Taluk, Madurai District within a time frame as may be fixed by this Court. For Petitioner : Mr.M.Ponniah For respondents : Mr.K.P.Krishnadoss Spl. Government Pleader

ORDER

This writ petition has been filed for issuance of a direction to the respondents to to conduct and conclude the enquiry for cancellation of UDR Patta issued in the name of the respondents 2 & 3 during the UDR survey and to issue patta in the name of the petitioner on the basis of her petition in Na.Ka.No.7156/2020/G5 dated 10.02.2020 filed before the 1st respondent in respect of her property comprised in S.No.99/4, 100/2 situated at Athalai Village, Madurai North Taluk, Madurai District within a time frame as may be fixed by this Court.

2.Heard the learned Counsel appearing for the petitioner and Mr.K.P.Krishnadoss, learned Special Government Pleader, who took 1/3

notice notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. According to the petitioner, the petitioner purchased the property in Survey Nos.99/4, 100/4 at Athalai Village, Madurai North Taluk, for valuable consideration and the revenue records were stood in the name of his original vendor. However, during the UDR resurvey, the survey numbers 99/4 and 100/2 to an extent of 56 and 44 cents respectively were subdivided and patta has been assigned in the name of the respondents 2 and 3. It is the case of the petitioner that the respondents 2 and 3 are no way connected with the said survey numbers and they have no right or title over the property in question. Therefore, the petitioner, for the purpose of cancelling the patta issued in favour of the respondents 2 and 3 and to issue patta in his favour, approached the first respondent with an application dated 10.02.2020. However, the said application has not been decided so far. Hence, the petitioner is before this Court with the aforesaid prayer.

4. When the matter was taken up for hearing, the learned Special Government Pleader submitted that the application dated 10.02.2020 has already been numbered, as stated by the petitioner and that originally, the date of hearing was fixed on 31.07.2020 by issuing notice to the petitioner as well as to the respondents 2 and

3. However, due to COVID-19 situation, no proceedings take place on the said date and now, the matter is posted for hearing on 20.11.2020 and that the respondents are ready and willing to dispose of the matter at the earliest point of time, after hearing all the parties concerned.

5.In view of the said submission made by the learned Special Government Pleader, without issuing notice to the respondents 2 and 3, this writ petition is disposed of by directing the first respondent to decide the petition dated 10.02.2020 within a period of three months from the date of receipt of a copy of this order, after hearing all the parties concerned.

6. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) RR 2/3

To:

The District Revenue Officer, O/o. The District Revenue Officer, District Collectorate Buildings, Madurai District.

+1 CC to the SPL GP ( SR-19449[F] dated 08/10/2020 ) 07.10.2020 SCR(CO) CS(15.10.2020) 3P 3C 3/3