Madras High CourtWP(MD)/3186/2017disposed of

P.Subramanian v. The District Revenue Officer,

2023-10-03Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.2535 of 2017 P.Sburamanian ... Petitioner Vs 1.The District Revenue Officer, Office of the District Revenue Officer, Tuiticorin District.

2.The Tahsildar, Tiruchendur Taluk Office, Tiruchendur Post, Tuticorin District.

3.The Executive Officer (In-charge), The Kalathiswar Temple, Semmarikulam Village, Nangaimozhi, Meignanapuram Post, Tiruchendur Taluk, Tuiticorin District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 1st respondent to restore the patta No. 1592 dated 13.05.1974 in the name of the petitioner and other joint owners by 1/5

cancelling the patta number 12 granted in favour of the 3rd respondent during UDR scheme in respect of the survey numbers.205/1, 205/3, 205/4, 206, 207/2 of the total extent of 5 acres 06 cents which is situated at Semmarikulam Village, Tiruchendur Taluk, Tuiticorin District.

For petitioner : Mr.M.Saravanakumar For Respondent : Mr.M.Sarangan, Nos.1 & 2 Additional Government Pleader For Respondent : Mr.M.Muthu Geethaiyan, No.3

ORDER

This writ petition has been filed for a writ of mandamus directing the 1st respondent to restore the patta No.1592 dated 13.05.1974 in the name of the petitioner and other joint owners by cancelling the patta number 12 granted in favour of the 3rd respondent during UDR scheme in respect of the survey numbers. 205/1, 205/3, 205/4, 206, 207/2 of the total extent of 5 acres 06 cents which is situated at Semmarikulam Village, Tiruchendur Taluk, Tuiticorin District. 2.When the writ petition is taken up for hearing, it is reported that already a direction has been issued by this Court by order dated 16.09.2014 to the petitioner to work out the remedy before the respondents in WP(MD)No.14308 of 2013. 2/5

3.The learned Counsel appearing for the 3rd respondent by referring the reliefs sought for by the petitioner submits that the petitioner has sought for an interim injunction only to an extent of 2 acres 59 cents, whereas, the main prayer is to restore the patta to an extent of 5 acres 96 cents in various numbers. 4.Since this Court has already issued a direction in WP(MD)No.14308 of 2013, the respondents shall proceed with the enquiry and pass final orders on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order. This writ petition is disposed of in the above terms. No costs. Consequently connected miscellaneous petition is closed. 03.10.2023 Internet : Yes / No Index : Yes / No NCC : Yes / No dsk 3/5

To 1.The District Revenue Officer, Office of the District Revenue Officer, Tuiticorin District.

2.The Tahsildar, Tiruchendur Taluk Office, Tiruchendur Post, Tuticorin District.

3.The Executive Officer (In-charge), The Kalathiswar Temple, Semmarikulam Village, Nangaimozhi, Meignanapuram Post, Tiruchendur Taluk, Tuiticorin District.

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B.PUGALENDHI, J.

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