Madras High CourtWP(MD)/26294/2024allowed

M.Durai v. The Zonal Deputy Tahsildar

2024-10-30Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)Nos.22295 & 22296 of 2024 M.Durai .. Petitioner Vs.

1.The Zonal Deputy Tahsildar, Srirangam Taluk, Tiruchirappalli.

2.T.Jothi 3.T.Murugesan 4.T.Selvaraj .. 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 relating to the impugned order in D.R.2024/0103/15/396108TR, dated 05.03.2024 of 1st respondent and quash the same and consequently either direct the 1st respondent to restore the Patta in its original position in the name of petitioner's father Muthukaruppan and his paternal uncle namely Ekambaram and Kathan @ Settu or in the name of all the legal

heirs based on their application, dated 05.10.2024 within the time fixed by this Court.

For Petitioner :

Mr.H.Arumugam For R1 :

Mr.D.S.Nedunchezian Government Advocate

ORDER

The present writ petition has been filed to quash the impugned order in D.R.2024/0103/15/396108TR, dated 05.03.2024 of 1st respondent and consequently direct the 1st respondent to restore the Patta in its original position in the name of petitioner's father Muthukaruppan and his paternal uncle namely Ekambaram and Kathan @ Settu or in the name of all the legal heirs based on their application, dated 05.10.2024.

2. The manner in which the above order granting patta to the respondents 2 to 4 was issued appears to be questionable for the reason that an application has been filed on 01.03.2024 by the 3rd respondent. The Village Administrative Officer has submitted a report on 04.03.2024 and on 05.03.2024, the patta has been transferred behind the back of the

petitioner who was the original pattadhar. Therefore, without issuing notice to the respondents 2 to 4, patta is cancelled. The patta shall be restored to its original position within a period of two (2) weeks from the date of receipt of copy of this order and after the reversion of the patta to its original position, notice shall be issued to both the parties herein to appear for an enquiry and thereafter orders shall be passed within a period of one (1) month from the date of reversion of patta to the original position.

3. With the above directions, this Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. 30.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To The Zonal Deputy Tahsildar, Srirangam Taluk, Tiruchirappalli.

P.T.ASHA, J.

gbg 30.10.2024