C.Poovasalingam v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2019
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR C.Poovasalingam ... Petitioner -Vs1.The District Revenue Officer, Collectorate Complex, Ramanathapuram, Ramanathapuram District.
2.The Sub-Collector/Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
3.The Thasildar, Kadaladi Taluk, Kadaladi, Ramanathapuram District.
4.Sudalaiyandi 5.Sundara Mahalingam ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to cancel the patta No.155 issued in the name of the respondents 4 and 5 during UDR Scheme for survey Nos.87, 87/1, situated at Kannirajapuram Village, Kadaladi Taluk, Ramanathapuram District. For Petitioner : Mr.R.Murugappan For Respondents : Mr.V.Anand (for R1 to R3) Government Advocate
ORDER
The prayer sought for in this writ petition is to direct the first respondent to cancel the patta No.155 issued in the name of the respondents 4 and 5 during UDR Scheme for Survey Nos.87, 87/1, situated at Kannirajapuram Village, Kadaladi Taluk, Ramanathapuram District.
2.Heard Mr.R.Murugappan, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents 1 to 3. Since no adverse order is going to be passed against the fourth and fifth respondents, notice to them is dispensed with.
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3.With the consent of both sides, this writ petition is taken up for final disposal at the admission stage itself. 4.With regard to the UDR patta in respect of the land at Survey Nos.87, 87/1, situated at Kannirajapuram Village, Kadaladi Taluk, Ramanathapuram District, the petitioner has given a representation/appeal to the District Revenue Officer i.e., the first respondent on 25.07.2019. Hence, the learned counsel appearing for the petitioner would submit that, if the said representation/appeal filed before the first respondent is decided on merits and in accordance with law, within a time frame to be stipulated by this Court, the petitioner would be satisfied. 5.I have heard Mr.V.Anand, learned Government Advocate appearing for the respondents 1 to 3, who would submit that, the said representation/appeal pending before the first respondent would be decided on merits, within a time, ofcourse after hearing both sides.
6.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following directions:- "that the first respondent is hereby directed to consider the representation/appeal filed by the petitioner, dated 25.07.2019 on merits and in accordance with law, after hearing both the petitioner as well as the respondents 4 and 5 by sending them separate notices and accordingly, final order shall be passed, within a period of eight weeks from the date of receipt of a copy of this order."
7.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (records) // True Copy // Sub Assistant Registrar(CS ) rmk To 1.The District Revenue Officer, Collectorate Complex, Ramanathapuram, Ramanathapuram District.
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2.The Sub-Collector/Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
3.The Thasildar, Kadaladi Taluk, Kadaladi, Ramanathapuram District.
+1 CC to SPL GP ( SR-84604[F] dated 30/08/2019 ) +1 CC to Mr.R.MURUGAPPAN, Advocate ( SR-84662[F] dated 30/08/2019 ) 29.08.2019 MK (03.12.2019) 3P 6C 3/3