Ramasamy v. The District Revenue Officer

W.P.(MD)No.16684 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P.(MD)No.16684 of 2020 Ramasamy ... Petitioner -vs1.The District Revenue Officer, Pudukkottai District, Collectorate Campus, Pudukkottai.

2.The Revenue Divisional Officer, Illuppur, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to conclude the Appeal Petition dated 05.10.2020 praying for cancellation of patta pertaining to Survey No.428/8 situated at Mandaiyur Village, Pudukkottai District within a stipulated time and to pass orders in the said Appeal preferred by the petitioner within a stipulated time as fixed by this Court after affording opportunity to all the parties interested For Petitioner : Mr.N.Ananda Kumar For Respondents : Mr.P.Kannithevan Additional Government Pleader *****

ORDER

This writ petition is filed, seeking issuance of Writ of Mandamus directing the first respondent to conclude the Appeal Petition, dated 05.10.2020, praying for cancellation of patta pertaining to Survey No.428/8 situated at Mandaiyur Village, Pudukkottai District and to pass orders in the said Appeal preferred by the petitioner within a stipulated time as fixed by this Court. 2.Heard the learned Counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader, who took notice for the respondents. By consent of both parties, the Writ Petition is disposed of at the admission stage itself. 3.It is represented by the learned counsel appearing for the petitioner that the petitioner is having a land measuring to an extent of 28 ares in S.No.428/8 situated at Mandaiyur Village, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.16684 of 2020 Kulathur Taluk, Pudukkottai District which was purchased by his father from one Sangli Thalathi vide registered sale deed dated 15.10.1972. As the patta has been transferred to the name of three strangers during UDR scheme, the petitioner's father made several representations to the respondents to cancel the patta standing in the name of the strangers and issue patta in his name. While so, the petitioner's father died on 20.11.2010 and thereafter, his legal heirs, namely, the petitioner and his mother are in possession and enjoyment of the said property. As there was no response for the representations made by his father, the petitioner also made a representation on 05.01.2020 to the respondents. Even thereafter, there was no response from the respondents.

Hence, the petitioner has come forward with the present Writ Petition. 4.Considering the facts and circumstances of the case, the first respondent is directed to consider the representation dated 05.10.2020 submitted by the petitioner and pass orders in accordance with law and in the light of the judgment made in W.P.(MD)No.14135 of 2020, dated 12.10.2020, after affording an opportunity of hearing to the concerned parties.

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

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) SRM To 1.The District Revenue Officer, Pudukkottai District, Collectorate Campus, Pudukkottai.

2.The Revenue Divisional Officer, Illuppur, Pudukkottai District.

W.P(MD)No.16684 of 2020 24.11.2020 srk(CO) KK(07.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2