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Madras High CourtWP/4724/2015disposed of

P.Karuppusami, v. The District Collector,

2015-03-12Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.NO.4724 OF 2015 P.Karuppusami .. Petitioner Vs

1. The District Collector,

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tiruppur.

3. The Tahsildar, Palladam Taluk, .. Respondents * * * PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the second respondent to consider and dispose of the petition pending in Na.Ka.No.4019/2010/A2, dated 12.08.2010 for cancellation of patta and restoration of names in status quo ante in Patta No.1279 of Karaipudur Village, Palladam Taluk, Tiruppur District. * * * For Petitioner :

Mr.T.N.Murali Moghan For Respondents:

Ms.P.Rajalakshmi Govt. Advocate

O R D E R

Heard Mr.T.N.Murali Moghan, learned counsel appearing for the petitioner and Ms.P.Rajalakshmi, learned Government Advocate appearing for the respondents.

2. The petitioner seeks for a direction upon the second respondent to consider and dispose of the petition pending in

Na.Ka.No.4019/2010/A2, dated 12.08.2010 for cancellation of patta and restoration of names in status quo ante in Patta No.1279 of Karaipudur Village, Palladam Taluk, Tiruppur District.

3. It is seen that the petitioner's application was taken into consideration and a notice dated 07.11.2012 was issued to the petitioner as well as Tmt.Karunaiammal, W/o.Narayanasamy and Tmt.Thangammal, W/o.Natarajan, fixing the date of enquiry on 24.12.2012. The grievance of the petitioner is that though notice was issued in the year 2012, there is no further proceedings in the matter.

4. When this writ petition came up for admission on 24.02.2015, this Court directed the petitioner to implead the proper and necessary parties. In spite of the same, today, when this petition is taken up for hearing, there is no petition filed for impleadment. Therefore, the merits of the allegations made by the petitioner as against the third parties cannot be gone into.

5. However, taking note of the fact that already the third respondent seized of the matter, without going into the merits of the petitioner's contentions, there will be a direction to the third respondent to issue notice to the petitioner as well as Tmt.Karunaiammal, W/o.Narayanasamy and Tmt.Thangammal, W/o.Natarajan, fixing the date of hearing and after giving them an opportunity of personal hearing proceed with the matter in accordance with law, if there is no other legal impediment.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar / True copy / Sub Assistant Registrar gg To

1. The District Collector,

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tiruppur.

3. The Tahsildar, Palladam Taluk, +1 cc to Government Pleader, High Court, Chennai-104.SR.14201 ORDER IN W.P.NO.4724 OF 2015 TM(CO) JK 25/03/15