Madras High CourtWP(MD)/25314/2024allowed

P. Pugalenthi v. The Revenue Divisional Officer

2024-10-23Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)Nos.21494 & 21495 of 2024 P.Pugalenthi .. Petitioner Vs.

1.The Revenue Divisional Officer, Karur Division, Karur.

2.The Tahsildar, Aravakurichi Taluk, Aravakurichi, Karur District.

3.The Zonal Deputy Tahsildar, Aravakurichi Taluk, Karur District.

4.Liyagath Ali 5.Najmunnisha 6.Sowkath Ali 7.Pairoj Begum

8.Zarina Begum 9.Sathik Ali 10.Anwar Ali 11.Jakkiya Begum 12.Mujipur Rahman 13.Ajusur Rahman 14.Sharmila Banu 15.Rabikjohn 16.Sarammal 17.Samjath Begum 18.Musthiri Begum 19.Junaitha Begum 20.Rabiya Begum 21.Aysha Mariyam 22.Subaitha Banu 23.Syedali Fathima 24.Syed Ibrahim 25.Salman Hussain .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 3rd respondent vide his proceedings in T.R.2024/ 0103/14/328596TR, dated 05.10.2024 and quash the same as illegal and ultra-vires and consequently directing the 3rd respondent to restore only the petitioner's name in the revenue records in respect of property in S.F.No.305/4 situated at Aravakurichi Village, Aravakurichi Taluk, Karur District.

For Petitioner :

Mr.A.N.Ramanathan For R1 - R3 :

Mr.D.S.Nedunchezian Government Advocate

ORDER

Seeking to quash the order passed by the 3rd respondent in his proceedings bearing T.R.2024/ 0103/14/328596TR, dated 05.10.2024 and consequently directing him to restore the petitioner's name in the revenue records in respect of S.F.No.305/4 situated at Aravakurichi Village, Aravakurichi Taluk, Karur District, the petitioner is before this Court.

2. The main grievance of the petitioner is that the impugned order including the names of the respondents 4 to 25 in the patta in Patta No.

6889 is one without notice to him. This fact is also conceded by the respondents 1 to 3.

3. Therefore, without going into the merits of the case on hand, it would suffice that the impugned order be set aside and the matter remitted back to the 3rd respondent for fresh consideration. Therefore, this writ petition is allowed. The impugned order of the 3rd respondent in T.R.2024/ 0103/14/328596TR, dated 05.10.2024 is quashed and the 3rd respondent is directed to restore the patta to its original state and after restoring the patta, shall issue notice to the rival parties to appear before him, hear their objections and thereafter, pass a detailed speaking order. The said exercise shall be completed within a period of four (4) weeks from the date of receipt of copy of this order.

4. With the above directions, this Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. 23.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The Revenue Divisional Officer, Karur Division, Karur.

2.The Tahsildar, Aravakurichi Taluk, Aravakurichi, Karur District.

3.The Zonal Deputy Tahsildar, Aravakurichi Taluk, Karur District.

P.T.ASHA, J.

gbg 23.10.2024