Madras High CourtWP/17850/2017disposed of

Anthonisamy v. The District Collector

2017-07-14Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.17850 of 2017 Anthonisamy ... Petitioner Vs.

1. The District Collector, District Collector Office, Thiruvannamalai District.

2. The Revenue Divisional Officer, District Revenue Office,

3. The Tahsildar,

4. The Special Tahsildar, 5.Ramammorthy ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 4 to take appropriate action by considering petitioner's representation dated 20.02.2017. For Petitioner : Mr.M. Mariappan For Respondents : Mr. Era Premnath, Government Advocate

O R D E R

Mr. Era Premnath, learned Government Advocate, takes notice for the respondents. By consent, the main writ petition is taken up for disposal, at the admission stage itself.

2. The petitioner has filed the above Writ Petition to issue a writ of mandamus, directing the respondents 1 to 4 to take appropriate action by considering his representation dated 20.02.2017.

3. It is the case of the petitioner that the third respondent had issued patta in favour of the fifth respondent erroneously and therefore, he is seeking to cancel the said patta. The order passed by the third respondent is an appealable order before the second respondent, the Revenue Divisional Officer. Therefore, the learned counsel appearing for the petitioner sought liberty to file an appeal as against the order passed by the third respondent. Mr. Era Premnath, learned Government Advocate for the respondents 1 to 4 has no objection for granting such liberty.

4. In these circumstances, without expressing any opinion with regard to the merits of the case, I give liberty to the petitioner to file an appeal before the second respondent, challenging the order passed by the third respondent, in accordance with law and in the event of the petitioner filing an appeal before the second respondent, the second respondent shall decide the same, in accordance with law, after giving notice to all the interested parties.

5. With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar nl/rg To

1. The District Collector, District Collector Office, Thiruvannamalai District.

2. The Revenue Divisional Officer, District Revenue Office,

3. The Tahsildar,

4. The Special Tahsildar, +1cc to Mr.M.Mariappan, Advocate SR.No.50267 +1cc to the Government Pleader SR.No.49678 W.P.No.17850 of 2017 NM(CO) GN(02/08/2017)