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Madras High CourtWP/1597/2023disposed of

K.Arjunan v. The Revenue Divisional Officer,

2023-01-24Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.1597 of 2023 K.Arjunan ....

Petitioner -Vs1.The Revenue Divisional Officer Krishnagiri District.

2.The Tahsildar O/o The Tahsildar Uthangarai Taluk, Krishnagiri District.

3.Mrs.Lingammal ....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to cancel patta No.315 stands in the name of the 3rd respondent based on the petitioner's representation dated 01.12.2022 within a time frame as may be fixed by this Hon'ble Court.

For Petitioner : Mr.L.Siddiq For Respondents : Mr.P.Sathish Additional Government Pleader - RR 1 & 2 Notice Dispensed With - R3 1 / 4

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the 1st respondent to cancel patta No.315 stands in the name of the 3rd respondent based on the petitioner's representation dated 01.12.2022 within a time frame as may be fixed by this Court.

2. In respect of the property at S.No.70/1 and 70/2, Kommampattu Village, Uthangarai Taluk, Krishnagiri Disrict, it is the claim of the petitioner that it is the property of the petitioner, however wrongly patta has been issued by the 2nd respondent Tahsildar to and in favour of the 3rd respondent. Therefore, in order to cancel the same, the petitioner has made an on-line application on 12.07.2022 and a representation on 01.12.2022 to the respondents. Since the same have not been considered, the petitioner has moved the present writ petition.

3. Heard Mr.L.Siddiq learned counsel for the petitioner and Mr.P.Sathish learned Additional Government Pleader for the respondents 1 and 2. In view of the order that is going to be passed in this writ petition, notice to the 3rd respondent is dispensed with.

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4. Learned Additional Government Pleader would submit that, the said online application as well as the representation subsequently made by the petitioner would be considered by the 2nd respondent after hearing both the petitioner as well as the 3rd respondent and thereafter necessary orders to that effect on merits would be passed by the 2nd respondent within a time frame that may be stipulated by this Court.

5. Considering the said submission made by the learned Additional Government Pleader appearing for the official respondents, this Court is inclined to dispose of this writ petition with the following order. That there shall be a direction to the 2nd respondent to consider the application as well as the representation of the petitioner dated 12.07.2022 and 01.12.2022 respectively and pass orders thereon on merits and in accordance with law, of course after hearing the petitioner as well as the 3rd respondent, within a period of six weeks from the date of receipt of a copy of this order."

6. With the above directions, this writ petition is disposed of. No costs. 24.01.2023 Index : Yes/No Speaking Order / Non-speaking order KST 3 / 4

R. SURESH KUMAR, J.

KST To 1.The Revenue Divisional Officer Krishnagiri District.

2.The Tahsildar O/o The Tahsildar Uthangarai Taluk, Krishnagiri District.

W.P.No. 1597 of 2023 24.01.2023 4 / 4