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Madras High CourtWP(MD)/27312/2022disposed of

Velmurugan P v. The District Collector

2022-12-02Honourable Mrs Justice V.Bhavani Subbaroyan11 pages

6EFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 02.12.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.27312 of 2022 P.Velmurugan ..Petitioner Vs 1.The District Collector, District Collector Office, Tenkasi, Tenkasi District.

2.The District Revenue Officer, District Revenue Office, Tenkasi, Tenkasi District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi, Tenkasi District.

4.The Tahsildar, Taluk Office, V.K.Pudur Taluk, V.K. Pudur, Tenkasi District.

5.The Village Administrative Officer, Veeranam Village, V.K.Pudur Taluk, Tenkasi District.

6.The Surveyor, Taluk office, V.K.Pudur Taluk, V.K.Pudur, Tenkasi District.

7. D.Velladurai ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 4 to 6, particularly, the respondents 5 and 6 to measure the property bearing S.No.462/1 and Patta No.4115 measuring to an extent of 4 acres 98 cents situated at Veeranam Village, V.K.Pudur Taluk, Tenkasi District in pursuance of the Petitioner's representation, dated 4.11.2022 forthwith. For Petitioner :Mr.S.Palanivelayutham For Respondents :Mr.A.Kannan 1 to 6 Addl.Govt.Pleader

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents 4 to 6, particularly, the respondents 5 and 6 to measure the property bearing S.No.462/1 and Patta No.4115 measuring to an extent of 4 acres 98 cents situated at Veeranam Village, V.K.Pudur Taluk, Tenkasi District in pursuance of the Petitioner's representation, dated 4.11.2022 forthwith.

2.Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 to 6. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the Petitioner is that the Petitioner has submitted a

representation to the first respondent on the Grievance Day with regard to the issuance of false patta in respect of the Petitioner's family property bearing S.No.462/1 measuring a total extent of 4 acres and 98 cents. The said representation was forwarded to the third respondent to conduct an enquiry and after enquiry, the third respondent passed an order cancelling the patta in the name of Mohammed Hanifa, son of Shekumuthu Rowthar in S.No.462/1 to an extent of 2.02.0(4.98 acres cents) and issued joint patta in the name of the Petitioner's father, his brothers namely, Sudalayandi, Ramaiah Thevar and Shanmuga Thevar.The seventh respondent aggrieved by the order of the third respondent, filed a Revision Petition to revise the order of the third respondent, dated 29.5.2018.

The second respondent confirmed the order passed by the third respondent with regard to cancellation of patta for the above said property by order, dated 27.10.2022.The Petitioner gave representation to the fourth respondent on 4.11.2022 for measurement of the said property in patta No.4115 by paying the requisite fees. The fourth respondent has taken every steps to measure the same, but the same was objected to by the seventh respondent. Since the Petitioner's representation is not considered till date, the Petitioner has filed this Writ Petition for the relief stated supra.

4.The learned Additional Government Pleader appearing for the respondents 1 to 6 would submit that the Petitioner's representation will

be considered and appropriate orders will be passed on merits and in accordance with law, within the time limit prescribed by this Court. 5.In view of the above, this Court, without going into the merits of the matter, directs the fourth respondent to consider the representation of the Petitioner, dated 4.11.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, with necessary Police protection from the jurisdictional Police, if needed, on payment of necessary charges by the Petitioner within a period of sixteen weeks from the date of receipt of a copy of this order.

6.With the above directions, the Writ Petition stands disposed of. No costs.

02.12.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, District Collector Office, Tenkasi, Tenkasi District.

2.The District Revenue Officer, District Revenue Office, Tenkasi,

Tenkasi District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi, Tenkasi District.

4.The Tahsildar, Taluk Office, V.K.Pudur Taluk, V.K. Pudur, Tenkasi District.

5.The Village Administrative Officer, Veeranam Village, V.K.Pudur Taluk, Tenkasi District.

6.The Surveyor, Taluk office, V.K.Pudur Taluk, V.K.Pudur, Tenkasi District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.27312 of 2022 02.12.2022