Christi Pushpa v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN 1.Christi Pushpa 2.S.Antony ... Petitioners Vs.

1.The District Collector Dindigul District, Dindigul.

2.The District Revenue Officer Dindigul District, Dindigul.

3.The Revenue Divisional Officer, Dindigul District, Dindigul.

4.The Tahsildar Dindigul South Taluk, Dindigul District.

5.Sahayamary ... Respondents 1/6

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to include the petitioners name and restore the Patta No.295 in favour of the Writ Petitioners in Survey No.66/7A to an extent of 0.31.59 Hectares situated at Anaipatti Village, Dindigul West Taluk, Dindigul District, by considering the petitioner's representation dated 23.05.2023. For Petitioners : Mr.M.Maria Vinola For Respondents : Mr.N.Muthu Vijayan - for R1 to R4 Special Government Pleader Mr.N.Marimuthu - for R5

O R D E R

The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the respondents to include the name of the petitioners and restore patta No.295 with respect to lands in Survey No.66/7A measuring 0.31.59 Hectares at Anaipatti Village, Dindigul West Taluk, Dindigul District. The petitioner had given a representation on 23.05.2023.

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2. The fourth respondent had passed an order on 05.01.2023 in Na.Ka.No.4547/2022/Aa2. Consequent to that order the petitioner had filed an application before the third respondent/ Revenue Divisional Officer, Dindigul District. The third respondent had called for remarks from the fourth respondent/Tahsildar, Dindigul South Taluk, Dindigul District, by communication, dated 01.02.2023 in Na.Ka.No. 14/2023/Aa4.

3. Let the petitioners and the fifth respondent, Sahayamary, participate in proceedings before the third respondent / Revenue Divisional Officer, Dindigul District. A caveat is placed on the said official/ Revenue Divisional Officer that he should not pass any orders without ensuring the presence of the fifth respondent, Sahayamary, wife of Jeyaraj. Only after giving an opportunity to all the parties, can he proceed to pass orders in accordance with law and in accordance with facts and circumstances of the case.

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4. With the above directions, this Writ Petition stands disposed of. No costs.

12.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 4/6

To 1.The District Collector Dindigul District, Dindigul.

2.The District Revenue Officer Dindigul District, Dindigul.

3.The Revenue Divisional Officer, Dindigul District, Dindigul.

4.The Tahsildar Dindigul South Taluk, Dindigul District.

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C.V.KARTHIKEYAN, J.

RM (2/2) 12.06.2023 6/6