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Madras High CourtWP(MD)/14053/2023disposed of

Ayyanusamy v. The District Revenue Officer

2023-06-15Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Ayyanusamy ... Petitioner Vs.

1.The District Revenue Officer Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

3.The Tahsildar Sankarankovil Taluk, Tenkasi District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to dispose of the petitioner's revision application, dated 25.10.2021 filed under Section 13 of Patta Passbook Act.

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For Petitioner : Mr.A.Robinson For Respondents : Mr.N.Muthu Vijayan Special Government Pleader

O R D E R

The petitioner's claim for patta with respect to the land and well at Old Jamin Survey No.117/1, New Survey No.436/30 at Etticheri Village, Paruvakudi, Sankarankovil Taluk, Tenkasi District, had been rejected by the Tahsildar and also by the Revenue Divisional Officer, at Sankarankovil.

2. The petitioner had filed a revision before the District Revenue Officer, seeking recourse to Section 13 of the Patta Pass Book Act, on 25.10.2021. The Writ Petition has been filed seeking a direction to dispose of the said revision application.

3. A caution is placed on the District Revenue Officer, to examine the orders of the Tahsildar and the Revenue Divisional Officer and also examine the classification of the land in the revenue records, 2/5

which has been classified as "Sathurakinnaru" and "Sarkar poromboke" and thereafter, also examine whether there are objections from the Villagers, questioning the petitioner's exclusive claim for exclusive usage of water from the well and then pass a considered order. The said exercise may be completed on or before 31.12.2023 by following due principles of natural justice.

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

15.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 3/5

To 1.The District Revenue Officer Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

3.The Tahsildar Sankarankovil Taluk, Tenkasi District.

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C.V.KARTHIKEYAN, J.

RM 15.06.2023 5/5