Madras High CourtWP(MD)/18630/2021disposed of

Muthuraman v. The Revenue Divisional Officer

2022-01-19Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD).No.18630 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2022

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.18630 of 2021 Muthuraman ... Petitioner Vs.

1.The Revenue Divisional Officer, Illuppur, Pudukottai District.

2.The Tahsildar, Ponnamaravathi Taluk, Pudukottai District.

3.Ramanathan 4.Alagappan 5.Chidambaram 6.Mani

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to consider and pass orders on the petitioner's appeal dated 01.10.2021 to cancel the Joint Patta No.890 issued in favour of the respondents 3 to 6 in respect of Grama Natham property measuring to an extent of 1 Acre comprised in Survey No.91/5A situated at Moolangudi Village, Ponnamaravathi Taluk, Pudukottai District and grant patta in his favour.

For Petitioner : Mr.T.Lenin Kumar For R-1 and R-2 : Mr.S.Kameswaran, Government Advocate.

ORDER

The Writ Petition has been filed in the nature of Mandamus seeking consideration and passing final orders in an appeal filed by the petitioner before the first respondent / the Revenue Divisional Officer, Illuppur, Pudukottai District on 01.10.2021.

2. The petitioner had sought cancellation of a joint patta in Patta No.890 which had been issued in favour of the respondents 3 to 6 with respect to Grama Natham property measuring 1 acre in Survey No.91/5A at Moolangudi Village, Ponnamaravathi Taluk, Pudukottai District. The petitioner also claims that the said patta, thereafter, should be granted in his name.

3. The said appeal is now pending before the first respondent / the Revenue Divisional Officer, Illuppur, Pudukottai https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.18630 of 2021 District. It is left entirely to the wisdom of the said official to examine the merits of the petitioner and the respondents 3 to 6, examine the documents produced by them, examine the documents relating to the claim made by them and thereafter, come to a conclusion with respect to the appeal filed by the petitioner. The said order may be passed by the first respondent following due procedure which would necessarily include issuing notice to the respondents 3 to 6 and it is directed that the said order should be passed on or before 31.03.2022. In view of the nature of the order passed, notice is not directed to the respondents 3 to 6 and an obligation is placed on the first respondent to issue notice to the said respondents.

4. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Revenue Divisional Officer, Illuppur, Pudukottai District.

2.The Tahsildar, Ponnamaravathi Taluk, Pudukottai District.

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-1807[F] dated 20/01/2022 ) +1 CC to M/s.SPL GP ( SR-1914[F] dated 20/01/2022 ) W.P.(MD).No.18630 of 2021 19.01.2022 SK(CO) GC(28.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2