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Madras High CourtWA/346/2012dismissed for nonprosecution

Gopal Pillai (Deceased) v. The District Collector

2023-07-05Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice P.B. Balaji8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P. B.BALAJI MP No.2 & 4 of 2012, M.P.No.1 of 2013 and W.P.No.15199 of 2014 and M.P.No.1 of 2015 In W.A.No.346 of 2012

1. Gopal Pillai (deceased)

2. Vasantha Parthasarathy

3. Rajeswri Mohan

4. Nagalakshmi Athikesavan

5. Munuswamy.G.

6. Shanthi Sri Raman

7. Mohana Dhilibabu

8. Saraswathi Parthasarathy

9. Shankar.G.

( Appellants 2 to 9 brought on record as legal heirs of the deceased sole appellant, vide order dated 3.7.2018 made in M.P.No.1/2015.) ... Appellants Vs.

1. The District Collector,

2. The District Revenue Officer, Office of the District Collector, Kancheepuramm.

3. The Revenue Divisional Officer, Chengelpet, Kancheepuram District.

4. The Revenue Divisional Officer, Tambaram, Kancheepuram District.

5. The Tahsildar, Alandur Taluk,

6. P.R.Ravichandran

7. P.R.Kannan

8. P.R.Krishnamurthy

9. P.S.Jayaram Shastri

10. R.Mallika

11. The Sub-Registrar, O/o the Registration Department, Pallavaram, Chennai 600 043.

... Respondents In W.P.No.15199 of 2014 Sundararaj Ananth rep. by Power of Attorney agent S.N.R.Kannan Theleepan.

s/o S.Noble Ramasamy, residing at

Flor No.4, Indira Apts., No.3, 12th Cross Street, Indira Nagar, Adyar, Chennai 600 020.

... Petitioner Vs.

1. The District Collector,

2. The District Revenue Officer, Office of the District Collector,

3. The Revenue Divisional Officer, Chengalpet, Kancheepuram District.

4. The Revenue Divisional Officer, Tambaram, Kancheepuram District.

5. The Tahsildar, Alandur Taluk, 6.The Tahsildar, Tambaram Taluk,

7. P.R.Ravichandran

8. P.R.Kannan

9. P.R.Krishnamurthy

10. P.S.Jayaram Shastri

11. R.Mallika

12. Raghuraman

13. Gopal Pillai

14. R.Shivakumar

15. The Sub-Registrar, O/o the Registration Department, Pallavaram, Chennai 600 043.

... Respondents Prayer in W.A.No.346/2012: Writ Appeal filed under Section 15 of Letters Patent to set aside the order passed by this Court in W.P.No.26622 of 2011 dated 01.02.2012.

Prayer in W.P.No.15199 of 2014: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorarified Mandamus, calling for the records in proceedings No.Na.Ka.1078/2009 M dated 26.11.2009 passed by the third respondent and consequent order in appeal passed by the second respondent in Na.Ka.548/2010/N3 dated 26.09.2011 and quash the same as arbitrary, illegal and in violation of the principles of natural justice and direct the third respondent to restore the patta issued in favour of the petitioner.

In writ appeal No.346/2012 For Appellants : No appearance For Respondents : Mrs.Geetha Thamarai Selvan Spl. Government Pleader for R1 to R5 & 11

Mr.R.Murali for R7 and R8 No appearance for R6 and R9 In W.P.No.15199 of 2014 For Petitioner : No appearance For Respondents : Mrs.Geetha Thamarai Selvan Spl. Government Pleader for R1 to R6 & 15 Mr.P.Veera Ragavan for R7, R8 and R9 Mr.V.Venkatasamy for R14 No appearance for R13 COMMON ORDER (Order of the Court was delivered by D.KRISHNAKUMAR, J.) When the matters were listed for hearing on 04.07.2023, there was no representation on behalf of the appellants in the writ appeal and also on behalf of the petitioner in the writ petition. Hence the matters were directed to be listed today under the caption "for dismissal". Today also, none appeared for the appellants/petitioner, which would go to show that the appellants/petitioner are not interested in prosecuting the case.

2. Accordingly, Writ Appeal No.346 of 2016 and the Writ Petition No.15199 of 2014 are dismissed for non prosecution. No costs. Consequently, connected miscellaneous petitions are closed. (D.K.K.J.) (P.B.B.J.) 05.07.2023 Internet: Yes/No Index : Yes/No mst To

1. The District Collector,

2. The District Revenue Officer, Office of the District Collector,

3. The Revenue Divisional Officer, Chengalpet, Kancheepuram District.

4. The Revenue Divisional Officer, Tambaram, Kancheepuram District.

5. The Tahsildar, Alandur Taluk, 6.The Tahsildar, Tambaram Taluk,

7. The Sub-Registrar, O/o the Registration Department, Pallavaram, Chennai 600 043.

D.KRISHNAKUMAR, J.

and P. B.BALAJI , J.

mst 05.07.2023