K.R.Chandrasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.1652 of 2019 and W.M.P.No.1850 of 2019 K.R.Chandrasekaran ... Petitioner Vs 1.The District Collector, Coimbatore, Office of the Collectorate Coimbatore.

2.Mrs.Maduranthagi, Revenue Divisional Officer, Coimbatore South, State Bank Road, Coimbatore.

3.The Tahsildar, Sulur Taluk, Coimbatore.

4.M/s.Coddissia Industrial Park Ltd., Rep. by its Chairman, Dr.A.V.Varadharajan, G.D.Naidu Towers, Huzur Road, Coimbatore - 641 018.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 3rd respondent in his proceedings Na.Ka.No.4375/17 dated 27.07.2017 and quash the same and consequently direct the 3rd respondent to conduct denova enquiry on the Sub Division, bifurcation, Patta proceedings of petitioner land bearing S.F.No.42/3 to an extent of 1.21 acres situated at Moopripalayam Village, Sulur Taluk, Coimbatore. For Petitioner : Mr.S.Venkatesh For Respondents: Mr.R.Govindasamy, Special Government Pleader For R1 & R3

O R D E R

This writ petition is filed challenging the proceedings of the 3rd respondent dated 27.07.2017.

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2. It seems that the petitioner is aggrieved against the cancellation of patta. The impugned proceedings only says that the petitioner has to approach the 2nd respondent and seek for remedy. Admittedly, the petitioner already approached the 2nd respondent and filed an appeal on 21.08.2017.

3. It is stated by the learned Special Government Pleader that the said appeal is still pending. Therefore, without expressing any view on the merits of the matter, this Writ Petition is disposed of by directing the 2nd respondent viz., the Revenue Divisional Officer, Coimbatore South, Coimbatore, to dispose of the appeal filed by the petitioner, after hearing the petitioner, 4th respondent and other interested parties, if any.

4. Since, this Court is not expressing any view on the merits of the claim made by the petitioner, it is for the 2nd respondent to pass orders on the appeal on merits and in accordance with law, after hearing all the parties, within a period of twelve weeks from the date of receipt of a copy of this order. Since, this order is passed without affecting the interest of the 4th respondent in any manner, notice to the said respondent is dispensed with. No costs. Consequently, the connected miscellaneous petition is closed.

gsi/vsi Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The District Collector, Coimbatore, Office of the Collectorate Coimbatore.

2.The Tahsildar, Sulur Taluk, Coimbatore.

+1cc to Mr.S.Venkatesh, Advocate, SR.NO.10918 +1cc to The Govt.Pleader, Vide, SR.NO.11343 W.P.No.1652 of 2019 rk(CO) kak(28/02/2019) https://hcservices.ecourts.gov.in/hcservices/