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Madras High CourtWP/12967/2025disposed of

T.Subramaniam v. The District Revenue Officer

2025-04-15Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. T.Subramaniam S/o.Late.Thirumoorthy, Door No.34, Srinivasa Nagar, Podanur, Coimbatore614 023.

Petitioner(s) Vs

1. The District Revenue Officer District Revenue Office, Coimbatore.

2.The Revenue Divisional Officer Revenue Divisional Office, 3.The Tahsildar, Taluk Office, Madukkarai, Coimbatore-641 105.

4.The Village Administrative Officer Chettipalayam Village, Madukkarai Taluk, Coimbatore District.

5.MADANKUMAR S/o.Ramasamy, Door No.5/37/4,

Periyar Nagar, Thirupattur, Sivagangai-630 561.

6.Saleem Basha S/o.Nawabjhon, Door No.21, Arulnagar, South Ukkadam, 7.Samsu Jaleel S/o.Alavudin, Door No.134/133, Ponnil Manzil, Milekal Bus Stop, Podanur Main Road, Podanur, Coimbatore-641 023.

8.K.S.Jabar Ali S/o.Sulliman, Door No.S.134(1) Govindasamy Pathai, Kallamedu South Housing Unit, Selvapuram, Coimabtore-641 026.

9.Riyas Ajees S/o.Ajees, Door No.2, Kattupallivasal Street, Rajarathinam Nagar, Selvapuram, Coimbatore-641 026.

10.P.Balakumaran S/o.Palanisamy, Door No.40, V.G.

Garden, Jj Nagar, Malumichampatti, Coimbatore-641 050.

11.P.Balamurugan S/o.Palanisamy, Door No.11 V.G.

Garden, Jj Nagar, Malumichampatti, Coimbatore-641 050.

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 appeal filed by the petitioner in na.Ka. No.4974/ 2024 A2 dated 12.08.2024 within a time bound period by taking note of the circular issued by the commissioner of Land Administration in Ref. No.K3/ 27160/ 2008 dated 12.03.2018 and restore the patta in the name of the original owners due to the pendency of the Civil Suit for Declaration and permanent Injunction in O.S. No.1169 of 2023 on the file of Learned Principal Subordinate Judge, Coimbatore. For Petitioner(s):

Mr.M.Guruprasad For Respondent(s):

Mr. P.Sathish, Additional Government Pleader for R1 to R4

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 12.08.2024 within the time frame fixed by this Court. 2.

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

The grievance of the petitioner is that the 3 rd respondent without

taking note of the fact that there was a pending suit in OS No.1169 pf 2023 before Principal Sub Court, Coimbatore, seeking for the relief of declaration and permanent injunction granted patta and therefore, the petitioner filed an appeal before the 2 nd respondent to restore the patta in the name of the original owners. 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 considering the materials placed before this Court, there shall be a direction to the 2 nd repsondent to deal with the appeal filed by the petitioner on 12.08.2024 after affording opportunity to respondents 5 to 11 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.

15-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Revenue Officer District Revenue Office, Coimbatore.

2.The Revenue Divisional Officer Revenue Divisional Office, 3.The Tahsildar, Taluk Office, Madukkarai, Coimbatore-641 105.

4.The Village Administrative Officer Chettipalayam Village, Madukkarai Taluk, Coimbatore District.

N.ANAND VENKATESH J.

rka 15-04-2025