Gowri v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Gowri . . Petitioner Vs.

1. The Collector, Cuddalore District, Cuddalore.

2. The Tahsildar, Panruti Taluk, Panruti Taluk.

3. Kumudha . . . Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, call for the records and quash the proceedings of the 2nd respondent in his Aa3/9699/2014 dated 08.09.2014 and consequently direct the 2nd respondent to issue patta to the petitioner in respect of Ac.0.03 in S.No.198/2 in Enathirimangalam Village, Panruti Taluk, Cuddalore District.

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For Petitioner : M/s.R.Gururaj For Respondents : Mr.R.P.Murugan Raja, Government Advocate for R1 & R2.

: M/s.K.Moorthy for R3.

ORDER

The present petition has been filed seeking to quash the impugned proceedings dated 08.09.2014 passed by the 2nd respondent and direct the 2nd respondent to issue patta to the petitioner in respect of the subject property.

2. It is the case of the petitioner that she had made several representations to the Respondents 1 & 2 seeking issuance of patta in respect of the disputed property, pursuant to which, the 2nd respondent has passed the impugned order dated 08.09.2014 rejecting the claim of the petitioner on the ground that, the suit with regard to the very same property is pending before the competent civil court. Challenging the same, the petitioner has come up with the present petition. 2/6

3. Though very many grounds have been raised, learned counsel for the petitioner sought permission of this Court to file an appeal before the competent authority, as against the order impugned in this Writ Petition.

4. On the above contentions, this Court heard the learned Government Advocate appearing for respondents 1 & 2.

5. Learned counsel appearing for the 3rd Respondent has no objections to the said order being passed.

6. In view of the limited relief sought for by the petitioner, this Court without interfering with the order impugned in this Writ Petition, permits the petitioner to file an appeal before the jurisdictional Revenue Divisional Officer, as against the order under challenge. If any such appeal is filed, the authority concerned is directed to consider the same and pass appropriate orders in accordance with law, within a period of twelve weeks from the 3/6

date of receipt of a copy of this Order.

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs.

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To

1. The Collector, Cuddalore District, Cuddalore.

2. The Tahsildar, Panruti Taluk, Panruti Taluk.

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M.DHANDAPANI, J.

NHS 16.08.2022 6/6