Madras High CourtWP/16374/2023disposed of

Palaniyammal v. The District Collector

2023-05-26Honourable Mr Justice V. Lakshminarayanan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.05.2023

CORAM

THE HON'BLE MR. JUSTICE V. LAKSHMINARAYANAN and WMP.No.15748 of 2023 Mrs.Palaniyammal ..Petitioner ..Vs..

1. The District Collector, Dharmapuri District, Dharmapuri-636 705.

2. The District Revenue Officer (DRO), Dharmapuri District, Dharmapuri.

3. The Revenue Divisional Officer/Sub Collector Dharmapuri-636701.

4. The Tahsildhar, Nallampalli Taluk, Dharmapuri District.

5. The Village Administrative Officer, A.Jettihalli Village, Nallampalli Taluk, Dharmapuri District.

..Respondents 1/6

PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India seeking for a Writ of Certiorarified Mandamus to call for records of the impugned order dated 06.04.2022 vide in ep//K/1945/2022/A3 passed by the 3rd respondent and to quash the same, consequently direct Respondents to restore the Patta No.1484 for S.No.31/2 to an extent of 0.03 cents in of Jettihalli Village, Dharmapuri Taluk, Dharmapuri District the name of the petitioner. For Petitioner : Mr.C.Umashankar For Respondents : Mr.S.Prabakaran ***

O R D E R

By consent of the learned counsel on either side, this Writ Petition is taken up for final disposal, at the admission stage itself. Mr.S.Prabarakan, learned counsel takes notice for the Respondents. 2/6

2. This Writ Petition has been filed challenging the impugned order dated 06.04.2022 in ep//K/1945/2022/A3 passed by the 3rd Respondent and to quash the same and consequently direct Respondents to restore the Patta No.1484 for S.No.31/2 to an extent of 0.03 cents in of Jettihalli Village, Dharmapuri Taluk, Dharmapuri District in the name of the Petitioner.

3. The learned counsel for the Petitioner submitted that neither an enquiry was conducted nor notice was issued on the Petitioner before passing Impugned Order. He further submitted that Impugned Order has not been served on the Petitioner till date.

4. Mr.S.Prabhakaran, learned counsel who accepts notice for the Respondents submitted that the Impugned Order is an appealable order to the 2nd Respondent.

5. In such view of the matter, the petitioner is permitted to file an Appeal before the 2nd Respondent on or before 30.06.2023 and on filing 3/6

such Appeal. the 2nd Respondent shall dispose of the same, on merits and in accordance with law, on or before 30.09.2023, without reference to limitation.

6. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 26.05.2023 Speaking / Non Speaking order Index :Yes/No Internet :Yes/No arr 4/6