LAWS(MAD)-2014-1-213

MUTHUSAMY Vs. REVENUE DIVISIONAL OFFICER

Decided On January 06, 2014
MUTHUSAMY Appellant
V/S
REVENUE DIVISIONAL OFFICER Respondents

JUDGEMENT

(1.) THE Petitioner has filed the instant Writ of Mandamus, praying for issuance of an order by this Court in directing the First Respondent to conduct the enquiry based on the enquiry notice dated 10.08.2012 and to pass suitable order on merits based on the records within a time frame to be determined by this Court.

(2.) IT is the case of the Petitioner that the land in Survey No.386/4 measuring to an extent of 83 cents, in Survey No.386/5 measuring to an extent of 90 cents, in Survey No.387/1 measuring to an extent of 85 cents, in Survey No.387/2 measuring to an extent of 22 cents and in Survey No.387/3 measuring to an extent of 3.77 acre in Lathuvadi Village, Salem Taluk was conditionally assigned in favour of his late father Karuppana Gounder.

(3.) IN order to cancel the patta granted in favour of the Petitioner and his wife, the Respondents 2 and 3 have submitted a petition before the First Respondent/Revenue Divisional Officer (R.D.O), Athur Taluk Revenue Division, Salem District and the First Respondent issued a notice on 10.08.2012 determining the date of enquiry as 22.08.2012. The said notice has been issued to the Petitioner and the Second and Third Respondents as seen from the memorandrum of the First Respondent/Revenue Divisional Officer (R.D.O), Athur Taluk Revenue Division, Salem District in Na.Ka.No.4626/2010( 1). Even in the reference of the aforesaid memorandrum, the Second and Third Respondents petitions dated 16.07.2012 have been referred to.