Ramu v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Ramu .. Petitioner Vs.

1.The District Revenue Officer, Collectorate Campus, Ramanathapuram, Ramanathapuram District.

2.The Sub Collector/Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Taluk Office, Kadaladi, Ramanathapuram District.

4.Vellaiyammal .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to cancel the patta as Patta No.759 issued by the third respondent during UDR scheme in favour of the fourth respondent for the petitioner's

properties of bearing Survey No.33/6, with an extent of 0.23.50 Ares and S.No.99/4, with an extent of 0.22.50 Ares, situate at M.Karisalkulam Revenue Village, Kadaladi Taluk, Ramanathapuram District and issue patta in the petitioner's name.

For Petitioner :

Mr.R.Murugappan For R1 to R3 :

Mr.B.Saravanan Additional Government Pleader

ORDER

Seeking a mandamus to the first respondent to cancel Patta No.759 issued by the third respondent during UDR scheme in favour of the fourth respondent for the petitioner's properties bearing Survey No.33/6, with an extent of 0.23.50 Ares and S.No.99/4, with an extent of 0.22.50 Ares, situate at M.Karisalkulam Revenue Village, Kadaladi Taluk, Ramanathapuram District and issue patta in the petitioner's name, the petitioner is before this Court.

2. The petitioner would submit that the property measuring an extent of 0.23.50 Ares in S.No.33/6 and 0.22.50 Ares in S.No.99/4 of

M.Karisalkulam Revenue Village, Kadaladi Taluk, Ramanathapuram District, is the ancestral property of the petitioner and his family was in possession and enjoyment of the same. While so, the fourth respondent in a fraudulent manner obtained patta in her name during UDR scheme by producing fake documents and through impersonation before the third respondent. It was only recently when the petitioner had come to know about this act of the fourth respondent, he had made a representation on 09.08.2024 to respondents 1 and 2 to cancel the patta issued in favour of the fourth respondent. Though the said application has been made on 09.08.2024, no steps whatsoever have been taken to date. Hence, the writ petition.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner that in respect of his ancestral properties, patta had been fraudulently issued to the fourth respondent and since the complaint is yet to be even processed, a mandamus is issued directing the first respondent to cancel the patta

granted to the fourth respondent within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is allowed. No costs.

30.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The District Revenue Officer, Collectorate Campus, Ramanathapuram, Ramanathapuram District.

2.The Sub Collector/Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Taluk Office, Kadaladi, Ramanathapuram District.

P.T.ASHA, J.

abr Dated: 30.09.2024