Ramaraj.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.25840 of 2022 S.Ramraj ... Petitioner vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

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

3.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

4.The Tahsildar, Arupukottai Taluk, Virudhunagar District.

5.A.Lakshmanan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to dispose the revision petition dated 21.09.2022 filed by the 1/5

petitioner under Section 13 of Patta Pass Book Act and cancel the patta stands in the name of fifth respondent in Patta No.712 issued by the fourth respondent within the time stipulated by this Court. For Petitioner : Mr.T.Thirumurugan For R1 to R4 : Mr.C.Satheesh Government Advocate

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the second respondent to dispose the revision petition dated 21.09.2022, filed by the petitioner under Section 13 of Patta Pass Book Act and cancel the patta stands in the name of fifth respondent in Patta No.712 issued by the fourth respondent.

2. The case of the petitioner is that his father has purchased the property in S.Nos.76/6, 78/5 and 78/8 situated at T.Thummuchinnampatti Village, Aruppukottai Taluk, Virudhunagar District on 20.07.1956, by registered sale deed. Subsequently, on 25.03.2004, the petitioner's father died. After his demise, the petitioner is in possession and enjoyment of 2/5

the said property. In the month of January 2022, the petitioner came to understand through the encumbrance certificate that his father sold the said property to the fifth respondent and it was registered in Document No.120/1992. His father has never executed such sale deed in favour of anyone. Further, on the basis of the sale deed, the fourth respondent has given a patta in favour of the fifth respondent in Patta No.712. Hence, the petitioner has filed a revision petition before the second respondent on 21.09.2022. The second respondent has forwarded the revision petition to the third respondent on 30.09.2022, to take necessary action to cancel the patta stands in the name of the fifth respondent and the same is still pending. Therefore, the present writ petition has been filed.

3. Heard Mr.T.Thirumurugan, learned counsel appearing for the petitioner and Mr.C.Satheesh, learned Government Advocate appearing for the respondents 1 to 4.

4. Considering the above facts, this Court, without expressing any opinion on the merits of the matter, directs the second respondent to 3/5

dispose the revision petition filed by the petitioner on 21.09.2022, on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of twenty weeks from the date of receipt of a copy of this order.

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

15.11.2022 akv To 1.The District Collector, Virudhunagar District, Virudhunagar.

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

3.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

4.The Tahsildar, Arupukottai Taluk, Virudhunagar District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P(MD)No.25840 of 2022 15.11.2022 5/5