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Madras High CourtWP(MD)/14641/2017disposed of

Palanisamy, v. The District Revenue Officer,

2017-08-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No. 14641 of 2017 Palanisamy

...Petitioner

-Vs1. The District Revenue Officer, Collectorate Complex, Karur, Karur District

2. The Revenue Divisional Officer, Kulithalai, Karur District.

3. The Thasildar, Kulithalai, Karur District.

4. Koolaiyanaicker

5. Pullamanaicker

6. Chinna madhakaicker @ Madha Naicker

...Respondents

PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents 1 and 2 by considering the petitioner's representation dated 25.07.2017 in the light of the report submitted by the 3rd Respondent in Na.Ka.No.A4/2194/2016, dated 27.10.2016 and remove the name of the Respondents 4 to 6 from patta No.2915 relating to the petitioner's property of 368/3B, situated at Koodalur Village, KUlithalai Taluk, Karur District. For Petitioner : Mr.R.Murugappan For Respondents : Mr.C.Selvaraj Special Government Pleader

ORDER

The petition is filed for issuance of a Writ of Mandamus directing the respondents 1 and 2 by considering the petitioner's representation dated 25.07.2017 in the light of the report submitted by the 3rd Respondent in Na.Ka.No.A4/2194/2016, dated 27.10.2016 and remove the name of the Respondents 4 to 6 from patta No.2915 relating to the petitioner's property of 368/3B, situated at Koodalur Village, KUlithalai Taluk, Karur District. 2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents 1 to 3. By consent of both parties the writ petition is taken up for final disposal at stage of admission itself.

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3. The case of the petitioner is that he is the owner of the property 368/3B, situated at Koodalur Village, KUlithalai Taluk, Karur District.

4.According to the petitioner, the respondents 4 to 6 have no right in the land, however their names were entered into in the revenue records. Hence, the petitioner sent a representation dated 25.07.2017 to remove their names from the patta. Since it was not considered, the present writ petition has been filed. 5.Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1 to 3.

6. Considering the limited scope of the prayer sought for in this writ petition, this Court without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 25.07.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to the necessary parties, within a period of eight weeks from the date of receipt of copy of this order. 7.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 District Revenue Officer, Collectorate Complex, Karur, Karur District

2. The Revenue Divisional Officer, Kulithalai, Karur District.

3. The Thasildar, Kulithalai, Karuru District.

+1cc to Mr.R.Murugappan, Advocate Sr.No.70799 +1cc to Spl.Government Pleader Sr.No.71367 DSK VB/GT/SAR4/31.08.2017/2P/6C W.P.(MD)No.14641 of 2017 07.08.2017 https://hcservices.ecourts.gov.in/hcservices/