S.M.H. Sheik Mohamed, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.15824 of 2017 and W.M.P.No.17134 of 2017 S.M.H.Sheik Mohamed ... Petitioner Vs.

1.The District Collector, Tiruvallur District, Tiruvallur.

2.The District Revenue Officer, Tiruvallur District, Tiruvallur.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ambattur, Chennai - 600 053.

4.The Tahsildar, Maduravoyal Taluk, Maduravoyal, Chennai - 600 095.

5.The Sub Registrar, No.124, Arcot Road, Virugambakkam, Chennai - 600 092.

6.B.Kanchana known as B.Sri Devi 7.B.Sugendran 8.Rukmani 9.M.Anuradha 10.D.Raja 11.S.Dhanasekaran 12.B.Sasirekha ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the District Collector, Tiruvallur District, Tiruvallur the 1st respondent herein to cancel the patta vide No.12422

pertaining to the lands comprised in Survey No.91 in all measuring 1 acre 53 cents situated at Nerkundram Village within the Sub Registration District of Virugambakkam and within the Registration District of South Chennai issued to the respondents 11 & 12 and consequently, restore the said lands to its original position.

For Petitioner : Mr.D.Ashok Kumar For Respondents: Mr.A.N.Thambidurai, Special Government Pleader (R1 to R5)

O R D E R

The learned counsel appearing for the petitioner sought the permission of this Court to withdraw the Writ Petition with liberty to file an appeal as against the grant of patta by the 4th respondent in favour of the respondents 11 & 12. The learned counsel also made an endorsement to that effect.

2.In view of the same, the Writ Petition stands dismissed as withdrawn. It is open to the petitioner to file an appeal before the 3rd respondent, the Revenue Divisional Officer, challenging the patta granted by the 4th respondent in favour of the respondents 11 & 12. In the case of the petitioner filing an appeal before the 3rd respondent, the 3rd respondent shall dispose of the same in accordance with law, as expeditiously as possible. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar va To 1.The District Collector, Tiruvallur District, Tiruvallur.

2.The District Revenue Officer, Tiruvallur District, Tiruvallur.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ambattur, Chennai - 600 053.

4.The Tahsildar, Maduravoyal Taluk, Maduravoyal, Chennai - 600 095.

5.The Sub Registrar, No.124, Arcot Road, Virugambakkam, Chennai - 600 092.

+1cc to Mr.D.Ashok Kumar,Advocate sr.44453 +1cc to Government Pleader sr.44539 W.P.No.15824 of 2017 and W.M.P.No.17134 of 2017 vsn(co) ss(29/6/2017)