Madras High CourtWP/12427/2024disposed of

Nagaraj v. The District Collector

2024-06-04Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Nagaraj .. Petitioner

Versus

1.The District Collector Dharmapuri District 2.The District Revenue Officer Dharmapuri District 3.The Revenue Divisional Officer Dharmapuri District .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to comply with the direction given by the 1st respondent by his proceedings in O.Mu.32245/2023/U2 dated 30.01.2024 and consequently cancelled the patta Nos.2054/1563 which was issued only on the basis of illegal partition deed vide D.No.778/1990 dated 07.07.1990 on the file of the Sub Registrar, Ponnagaram, Dharmapuri District.

For Petitioner : Mr.K.Mahendran For Respondents : Mr.A.Selvendran Special Government Pleader 1/4

ORDER

This writ petition is filed for a direction to the 3rd respondent to comply with the direction given by the 1st respondent by his proceedings in O.Mu.32245/2023/U2 dated 30.01.2024 and consequently cancelled the patta Nos.2054/1563 which was issued only on the basis of illegal partition deed vide D.No.778/1990 dated 07.07.1990 on the file of the Sub Registrar, Ponnagaram, Dharmapuri District.

2. The petitioner submitted an appeal before the third respondent on 23.12.2023 for cancellation of patta in patta Nos.2054 and 1563, which is pending without consideration till date. Hence, this writ petition.

3. Heard both sides and perused the materials available on record.

4. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

5. Considering the limited relief sought for in this writ petition, this Court without going into the merits of the case directs the third respondent to consider the appeal filed by the petitioner dated 23.12.2023 and pass 2/4

appropriate orders by disposing of the petitioner's appeal on its own merits and in accordance with law after giving notice to the interested persons. Such exercise shall be completed within a period of two months from the date of receipt of copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 04.06.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, 1.The District Collector Dharmapuri District 2.The District Revenue Officer Dharmapuri District 3.The Revenue Divisional Officer Dharmapuri District 3/4

N. SATHISH KUMAR , J.

dhk W.P.No.12427 of 2024 04.06.2024 4/4