Madras High CourtWP/3405/2023disposed of

E.Lakshmi v. The District Collector

2023-02-08Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR E.Lakshmi .. Petitioner in W.P.No.3405 of 2023 M.Govindammal .. Petitioner in W.P.No.3408 of 2023

Versus

1.The District Collector Collectorate, Villupuram District Collector Office Road, Moovendar Nagar Villupuram - 605 602 2.The District Revenue Officer Collectorate, Villupuram District Collector Office Road, Moovendar Nagar Villupuram - 605 602

3. The Revenue Divisional Officer Office of the Revenue Divisional Officer Villupuram, NH-45A, Villupuram - Puducherry Road Villupuram - 605 602 4.The Tahsildar, Vikravandi Police Station Street Vikravandi - 605 602 .. Respondents in both Wps Common Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent herein to consider the Appeal Petitions filed by the respective petitioners on 28.11.2022, thereby cancelling the order passed by the 3rd respondent herein and subsequently restoring the patta in the name of the respective petitioners after affording an opportunity of personal hearing, thereby disposing the appeals.

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For Petitioner : Mr.P.Manojkumar(in both WPs) For Respondents : Mr.R.P.Murugan Raja (in both WPs) Government Advocate COMMON ORDER This writ petition is filed seeking for the issuance of Writ of Mandamus to direct the 2nd respondent herein to consider the Appeal Petitions filed by the respective petitioners on 28.11.2022, thereby cancelling the order passed by the 3rd respondent herein and subsequently restoring the patta in the name of the respective petitioners after affording an opportunity of personal hearing, thereby disposing the appeals.

2. Heard learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

3. The petitioners have preferred appeals on 28.11.2022 before the second respondent challenging the order of the third respondent, cancelling the patta issued in favour of the respective petitioners in Na.Ka.No.A3/2662/2021 dated 17.10.2022. It is the grievance of the petitioners that they were not properly enquired before passing the impugned order. Hence, the appeals before the second respondent, which are pending without consideration. 2/4

Hence, the petitioners confines prayer by seeking this Court for issuance of direction for the second respondent to conclude the appeals proceedings and pass orders within a reasonable time as fixed by this Hon'ble Court.

4. Considering the limited relief sought for by the petitioner, this Court directs the second respondent to conclude the appeal dated 28.11.2022 filed by the respective petitioners and pass appropriate order(s) on merits and in accordance with law, after providing opportunity of hearing to the petitioners as well as any other interested parties, within a period of two months from the date of receipt of copy of this order.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 08.02.2023 dhk Index :Yes/No Internet : Yes/No Speaking Order : Yes/No : Yes/No 3/4

N.SATHISH KUMAR, J.

dhk To 1.The District Collector Collectorate, Villupuram District Collector Office Road, Moovendar Nagar Villupuram - 605 602 2.The District Revenue Officer Collectorate, Villupuram District Collector Office Road, Moovendar Nagar Villupuram - 605 602