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Madras High CourtWP/17807/2020disposed of

Manivannan v. The Commissioner Of Land Administration

2020-12-11Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.17807 of 2020 and W.M.P.Nos.22085 & 22086 of 2020 Manivannan, S/o.Late.Kulandaivel, Mullikadu, Molayanur Village, Pappireddipatti Taluk, Dharmapuri District.

... Petitioner Vs.

1.The Commissioner of Land Administration, Chepauk, Chennai.

2.The District Revenue Officer, Dharmapuri, Dharmapuri District.

3.Revenue Divisional Officer, Harur, Dharmapuri District.

4.The Tahsildar, Pappireddipatti Taluk, Dharmapuri District.

... Respondents Prayer:

This Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus forbearing the respondents from 2 to 4 interfering with the peaceful possession and enjoyment of the property bearing S.F.No.289/12, 289/2A, 289/2C and 289/7 of Molayanur -Mullikadu Village, Pappireddipatti Taluk, Dharmapuri District. For Petitioner : Mr.R.Prabakar For Respondents : Mr.S.N.Parthasarathy Government Advocate

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus, forbearing respondents 2 to 4 from interfering with the peaceful possession and enjoyment of the petitioner with respect to the subject property.

2.The case of the petitioner is that he was granted an assignment patta in the year 2005. Thereafter, the second respondent passed an order on 06.01.2020 cancelling the assignment patta. The petitioner aggrieved by the same, filed an appeal before the first respondent on 27.01.2020. The grievance of the petitioner is that even when the appeal is pending before the first respondent, attempts were made by the respondents 2 to 4 to interfere with the possession and enjoyment of the property. Aggrieved by the same, the present Writ Petition is filed before this Court seeking appropriate directions. 3.Heard Mr.R.Prabakar, learned counsel for the petitioner and Mr.S.N.Parthasarathy, learned Government Advocate for the respondents.

4.Taking into consideration the facts and circumstances of the case and also of the fact that the appeal is already pending before the first respondent, there shall be a direction to the first respondent to conduct an enquiry on the appeal filed by the petitioner on 27.01.2020, after affording an opportunity to the petitioner and orders shall be passed strictly in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5.Till final orders are passed in the appeal, the possession of the petitioner shall not be interfered by the respondents. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.

6.This Writ Petition is disposed of with the above directions. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sai/pgp

To 1.The Commissioner of Land Administration, Chepauk, Chennai.

2.The District Revenue Officer, Dharmapuri, Dharmapuri District.

3.Revenue Divisional Officer, Harur, Dharmapuri District.

4.The Tahsildar, Pappireddipatti Taluk, Dharmapuri District.

+1cc to Mr.R.Prabakar, Advocate, SR40786 +1cc to The Government Pleader, SR40692 W.P.No.17807 of 2020 and W.M.P.Nos.22085 & 22086 of 2020 CO(GP) BDL/19/01/2021