Maheswari v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Maheswari ... Petitioner in W.P(MD)No.838 of 2014 Rakku ... Petitioners in W.P(MD)No.839 of 2014 Vs.

1. The District Revenue Officer, Sivagangai District, Sivagangai

2. The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai.

3.The Thasildar, Sivagangai Taluk, Sivagangai District ... Respondents in both petitions Prayer: Writ Petitions are filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorari to call for the 1/5

records in pursuant to the first respondent impugned order in his proceedings in Mu.Mu.B1/11379/2010 dated 03.12.2013 and quash the same.

In both petitions:

For Petitioners : Mr.J.John For Respondents : Mrs.K.Christy Deboral Additional Government Pleader C O M M O N O R D E R These Writ Petitions have been filed for issuance of Writ of Certiorari to quash the impugned order passed by the the first respondent in Mu.Mu.B1/11379/2010 dated 03.12.2013.

2. The petitioners are the beneficiaries under a free housing scheme patta in Survey Nos.366/11 and 366/12 on Melapalayam Village, Sivagangai Taluk. One Manickam is the father-in-law of the petitioner in W.P(MD)No.838 of 2014 and the husband of the petitioner in W.P(MD)No.839 of 2014. He has claimed patta for the adjacent lands in Survey Nos.366/7 and 366/10 and the same was 2/5

rejected by the Revenue Divisional Officer and the revision petition filed by him before the District Revenue Officer was also dismissed as against which, the present Writ Petitions have been filed.

3. The learned counsel for the petitioners admits that they do not have any right in Survey Nos.366/7 and 366/10 and however, the said Manickam has wrongly claimed patta for those lands also and while considering the application filed by him for grant of patta for Survey Nos.366/7 and 366/10, the District Revenue Officer went to the extent of cancelling the patta, which have been already granted to the petitioners in Survey Nos.366/11 and 366/12.

4. The learned Additional Government Pleader appearing for the respondents has produced the statement of the Village Administrative Officer, Sivagangai District in which it is stated that patta in Survey Nos.366/11 and 366/12 stand in the name of the petitioners and they do not have any inclination to cancel those pattas and the patta for those 3/5

lands were granted in the year 1990 and they have also put up some constructions.

5. In view of the submission made by the learned Additional Government Pleader that patta already granted to the petitioners in Survey Nos.366/11 and 366/12 will not be disturbed, these Writ Petitions are closed as no further order is required. No costs. 15.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No CM 4/5

B.PUGALENDHI, J.

CM 15.03.2023 5/5