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Madras High CourtWP/33041/2016disposed of

K.Ramesh, v. The District Collector,

2022-11-02Honourable Mr Justice M.Dhandapani4 pages

1 W.P.No.33041 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.33041 of 2016 K.Ramesh ... Petitioner Vs.

1. The District Collector, Chennai District, Singaravelan Maligai, Chennai 600 001.

2. The Revenue Divisional Officer, Chennai North, Office of the Revenue Divisional Officer, Tondiarpet, Chennai 600 081.

3. The Tahsildar, Aminjikarai-Koyambedu Taluk Office, No.4, West Mada Street, Koyambedu Chennai 600 107.

4. R.Suganthi

5. V.Ananthi

6. A.Anureksha

7. P.Anitha ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first and second respondents to consider the petitioner's representation/appeal dated

2 W.P.No.33041 of 2016 09.08.2016 and 11.08.2016 respectively within a stipulated time fixed by this Court.

For Petitioner : M/S.S.Muktha For R1 to R3 : Mr.U.Bharanidharan Additional Government Pleader For R4 & R5 : M/S.T.L.Thirumalai Samy For R6 & R7 : Tapal return

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents 1 and 2 to consider the petitioner's representations/appeal dated 09.08.2016 and 11.08.2016 respectively within a stipulated time fixed by this Court.

2. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that, the petitioner made application before the second respondent/Revenue District Officer for cancellation of Patta, issued in favour of the private respondents. However, the petitioner filed a Suit in O.S.No.3413 of 1993, and the said Suit was in favour of the petitioner and subsequently at the instance of the private respondents, the appellate Court reversed the said Suit in favour of the private respondents, against which, the petitioner preferred Second Appeal before this Court in S.A.No.8889 of 2021 and the same is pending, and therefore, it is

3 W.P.No.33041 of 2016 submitted that this Court may dispose of this Writ Petition with liberty to file fresh application subject to the outcome of the Second Appeal.

3. In view of the fair stand taken on behalf of the petitioner, this Court, without expressing any opinion on the merits of the case, dispose of this Writ Petition by permitting the petitioner to file fresh application subject to the outcome of the Second Appeal.

4. With the above observations and direction, this Writ Petition is disposed of. No costs.

02.11.2022 Speaking Order : Yes/ No Internet: Yes/ No jd To

1. The District Collector, Chennai District, Singaravelan Maligai, Chennai 600 001.

2. The Revenue Divisional Officer, Chennai North, Office of the Revenue Divisional Officer, Tondiarpet, Chennai 600 081.

4 W.P.No.33041 of 2016 M.DHANDAPANI, J.

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3. The Tahsildar, Aminjikarai-Koyambedu Taluk Office, No.4, West Mada Street, Koyambedu Chennai 600 107.

W.P.No.33041 of 2016 02.11.2022