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Madras High CourtWP/28902/2023dismissed as infructuous

Muniyappan v. The District Collector

2023-11-01Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.28483 of 2023

1. Muniyappan

2. Periyasamy

3. Murugan ... Petitioners Vs.

1. The District Collector, District Collector Office, Dharmapuri-5.

2. The District Revenue Officer, District Collector Office, Dharmapuri-5.

3. The Sub Collector, The Sub Collector Office, Dharmapuri -1.

4. Tahsildar, Tahsildar Office, Dharmapuri -1.

5. The Village Administrative Officer,

Chettikarai Revenue Village, Dharmapuri District.

6. Muniyammal

7. Lakshmi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to dispose the petitioners' representation dated 24.02.2023 to cancel the patta issued to the respondents 6 to 7 (Patta No.1502) in S.No.391, Chettikarai Village, Dharmapuri District and consequently issue the patta to the petitioners.

For Petitioners : Mr.P.Settu For R1 to R5 : Mr.P.Gurunathan Additional Government Pleader For R6 & R7 : No appearance

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the second respondent to dispose the petitioners' representation dated 24.02.2023 to cancel the patta issued to the respondents 6 to 7 (Patta No.1502) in S.No.391, Chettikarai Village, Dharmapuri District and to issue the patta to the petitioners.

2. It is submitted by the learned Additional Government Pleader appearing for the official respondents that the fourth respondent has passed an order on 20.10.2023 on the petitioners' representation dated 24.02.2023 and hence the writ petition become infructuous.

3. Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the official respondents and perused the materials available on record.

4. The Writ Petition has been filed before the Registry on 06.04.2023. The official respondents appeared through counsel on 05.10.2023. The petitioners made representation dated 24.02.2023 to all the official respondents and pending writ petition, one of the respondent namely the fourth respondent has passed an order on the petitioners' representation. Since the representation made by the petitioners were duly considered by the respondents, the relief sought for by the petitioners in the writ petition become infructuous.

5. In view of the above, this Writ Petition is dismissed as infructuous. However, the petitioners are at liberty to challenge the order passed by the fourth respondent before the competent authority in the manner known to law, if he so advised. No costs. Consequently, connected miscellaneous petition W.M.P.No.28483 of 2023 is ordered on subject of necessary court fees by each of the petitioners. 01.11.2023 mfa Index:Yes/No Speaking Order: Yes/No

To .

1. The District Collector, District Collector Office, Dharmapuri-5.

2. The District Revenue Officer, District Collector Office, Dharmapuri-5.

3. The Sub Collector, The Sub Collector Office, Dharmapuri -1.

4. Tahsildar, Tahsildar Office, Dharmapuri -1.

5. The Village Administrative Officer, Chettikarai Revenue Village, Dharmapuri District.

P.VELMURUGAN, J.

mfa and W.M.P.No.28483 of 2023 01.11.2023