Subramaniam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2020

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Subramaniam .. Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Sivakasi Taluk, Virudhunagar District.

4.The Tahsildar, Sivakasi Taluk, Sivakasi, Virudhunagar District. ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's appeal representation dated 11.08.2015 challenging the order of the third respondent made in Ni.Mu.A1/7187/2013, dated 20.07.2015 within a stipulated time as may be fixed by this Court.

For Petitioner : Mr.S.Krishnan for M/s.K.J.Associates For Respondents : Mr.C.Ramar, Additional Government Pleader.

ORDER

This writ petition has been filed to direct the second respondent to consider the petitioner's appeal representation dated 11.08.2015 challenging the order of the third respondent made in Ni.Mu.A1/7187/2013, dated 20.07.2015 within a time frame. 2.The petitioner states that he purchased certain properties in S. Nos.328 & 338 situated at Vendurayapuram Village from various persons under different registered sale deed for valuable 1/3

consideration. It is also stated that property purchased by him was sub-divided and patta was transferred in the name of the petitioner. It is further stated that at the instance of some third parties, an appeal preferred by them before the third respondent for cancellation of subdivision and mutation of patta in respect of survey Nos.328 & 338 was allowed by the third respondent. As against that order, it is stated that the petitioner has preferred a revision before the second respondent on 11.08.2015 under Section 13 of the Tamil Nadu Patta Pass Book Act. The present writ petition is filed to issue a direction to the second respondent to consider the petitioner's revision dated 11.08.2015, within stipulated period. 3.

As narrated by the petitioner, the second respondent is the competent authority to entertain the revision preferred by the petitioner as against the order of the third respondent. Since the statutory revision is preferred by the petitioner, the second respondent is directed to consider the petitioner's revision dated 11.08.2015 and dispose of the same on merits and in accordance with law, after giving sufficient opportunity to the petitioner as well as others, who are all interested, within a period of eight weeks from the date of receipt of a copy of this order. 4.In the result, this writ petition is allowed. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS ) gns To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Sivakasi Taluk, Virudhunagar District.

4.The Tahsildar, Sivakasi Taluk, Sivakasi, Virudhunagar District.

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+1 CC to SPL.GP ( SR-3365[F] dated 28/01/2020 ) +1 CC to Mr.S.KRISHNAN, Advocate ( SR-3474[F] dated 28/01/2020 ) 27.01.2020 MK (07.02.2020) 3P 7C 3/3