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Madras High CourtWP(MD)/13230/2013closed

A. Karuppaiah, v. The Revenue Divisional Officer

2016-03-09Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.13230 of 2013 A.Karuppaiah ... Petitioner Vs 1.The Revenue Divisional Officer, Pudukottai.

2.Kathan @ Kathappan ... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the application filed by the petitioner before the 1st Respondent, dated 16.02.2013, for cancellation of patta granted in favour of the 2nd respondent in respect of the petitioner's land comprised in Survey No.110/4 measuring to an extent of 9 cents within the time limit that may be fixed by this Honourable Court after affording an opportunity being heard in person to the petitioner and the 2nd respondent. For petitioner : Mr.A.Rahul For R1 : Mr.S.Kumar Additional Government Pleader

ORDER

The learned Counsel for the petitioner stated that the patta has been wrongly changed to the name of the second respondent at the UDR level. He has given a representation to the first respondent in the year 2013, to cancel the patta issued in favour of the second respondent. Since the said representation is pending, he has come forward with this Writ Petition. This writ petition was never admitted. Today it is only in the adjourned admission caption.

2.

The learned Additional Government Pleader was put on notice for the first respondent.

3.

It is made clear that if any defect is made in the UDR level, it may be only rectified by the District Revenue Officer. The petitioner has sent a representation to the Revenue Divisional Officer, seeking to cancel the patta in the name of the second respondent. Therefore, the petitioner is directed to submit a fresh representation, setting out the entire facts, to the District Revenue Officer, who is the competent authority to look into the issue, as patta is already https://hcservices.ecourts.gov.in/hcservices/

transferred and the same is in some other name and there is a settlement deed dated 25.10.2010. On such receipt, the District Revenue Officer shall consider the representation to be made by the petitioner, on merits and in accordance with law and pass appropriate orders, after giving an opportunity of hearing to the petitioner as well as any other interested parties.

4. With the above direction, this Writ Petition is closed. No Costs. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To

1. The District Revenue Officer, Pudukkottai.

2. The Revenue Divisional Officer, Pudukottai.

+ 1 CC TO M/S.A.RAHUL, ADVOCATE IN SR NO. 13509 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 13550 PJL TE/JGB-DP/ : 22/03/2016 : 2P/5C W.P(MD).No.13230 of 2013 09.03.2016 https://hcservices.ecourts.gov.in/hcservices/