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Madras High CourtWP/13220/2025disposed of

S.Prakash v. The District Collector

2025-04-09Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. S.Prakash S/o.R.S.Mani, D.No.17, Nethaji Ngar, Hasthampatty, Salem.

Petitioner(s) Vs

1. The District Collector Collectorate Building, Salem-636 001.

2.The District Revenue Officer Collectorate Building, Salem-636 001 3.The Revenue Divisional Officer Subramaniya Nagar, Suramangalam, Salem-636 005.

4.The Tahsildar Tahsildar Office, Salem North, Salem District.

5.Senthil Murugan S/o.Amirthalingam, D.No.573/6E, Nethaji Nagar, Hasthampatty, Salem.

Respondent(s)

PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the 2nd respondent to dispose the statutory appeal filed by the petitioner dated 19.12.2023 to restore the TSLR records in TSLR 127 and 130 situated Block 29 Ward H, Nethaji Nagar, Hasthampatti, Salem Taluk, Salem District by deleting the modified extent from 125 sq.meter to 150.50 sq.meter and 75 sq.meter respectively to 96 sq.metre extent and restore the same to original position prior to the date of the filing of the civil suit in O.S. No.241/2017.

For Petitioner(s):

Mr.N.Umapathi For Respondent(s):

Mr.P.Sathish, Additional Government Pleader for respondents 1 to 4

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 2 nd respondent to dispose of the appeal filed by the petitioner on 19.12.2023 within the time frame fixed by this Court. 2.

Heard Mr.N.Umapathi, learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader for respondents 1 to 4. 3.

The petitioner is aggrieved by the fact that the 3 rd respondent

through proceedings dated 31.08.2020 has transferred the patta in favour of the th respondent with respect to the subject property. Hence, an appeal was filed before the 2 nd respondent. Since the same was not considered, the present writ petition has been filed before this Court.

4.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 2 nd respondent to deal with the appeal filed by the petitioner on 19.12.2023 on its own merits and in accordance with law after affording opportunity to the 5 th respondent and final orders shall be passed within a period of eight weeks from the date of receipt of a copy of this order.

5.

This writ petition is disposed of with the above directions. No costs.

09-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Collectorate Building, Salem-636 001.

2.The District Revenue Officer Collectorate Building, Salem-636 001 3.The Revenue Divisional Officer Subramaniya Nagar, Suramangalam, Salem-636 005.

4.The Tahsildar Tahsildar Office, Salem North, Salem District.

5.Senthil Murugan S/o.Amirthalingam, D.No.573/6e, Netaji Nagar, Hasthampatty, Salem.

N.ANAND VENKATESH J.

rka 09-04-2025