M. Muthusamy, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 16.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) M.Muthusamy ... Petitioner Vs.

1.The District Collector, Virudhunagar District Virudhunagar.

2.The Division Revenue Officer(DRO) Virudhunagar District Virudhunagar.

3.The Tahsildar, Thiruchuli Taluk Virudhunagar District.

4.Thamarai Selvi ... Respondents (R4 has been impleaded vide order of this Court dated 19.12.2018 in W.M.P.(MD) No.3686/2018) PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to cancel the patta stands in the name of Thamaraiselvi, wife of Dharmaraja and restore the patta in the petitioner's name Muthusamy, by considering his representation dated 10.06.2013.

For Petitioner :Mr.A.Jeyaram For Respondents :Mr.M.Rajarajan for R1 to R3 Additional Government Pleader

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 10.06.2013, wherein, the petitioner has sought for the cancellation of patta standing in the name of the fourth respondent.

2. The case of the petitioner is that the subject property was assigned in his favour by virtue of the proceedings of the Assistant Commissioner of Land Reforms, dated 13.11.1995. Thereafter patta was also granted in the name of the petitioner in the year 2009. The grievance of the petitioner is that all of a sudden, the name of the fourth respondent was reflected in the patta. The petitioner, 1/3

aggrieved by the same, made a representation to the respondents to cancel the name of the fourth respondent and to restore the patta in the name of the petitioner. Since the same was not considered, the present writ petition has been filed before this Court.

3. Heard Mr.A.Jeyaram, learned counsel for the petitioner and Mr.M.Rajarajan, learned Additional Government Pleader, appearing on behalf of the respondents 1 to 3.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to consider the representation made by the petitioner on 10.06.2013, after affording an opportunity to the petitioner and the fourth respondent and pass orders strictly in accordance with law within eight weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the second respondent enclosing all the relevant documents along with a copy of this order.

6. This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 District Collector, Virudhunagar District Virudhunagar.

2.The Division Revenue Officer(DRO) Virudhunagar District Virudhunagar.

3.The Tahsildar, Thiruchuli Taluk Virudhunagar District.

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+1 CC to M/s.SPL GP ( SR-16312[F] dated 17/04/2021 ) +1 CC to M/s.A.JEYARAM, Advocate ( SR-16171[F] dated 17/04/2021 ) 16.04.2021 SRK(CO) KB(25.05.2021) 3P 6C 3/3