M.Dharmalingam, v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.19908 of 2018 and WMP.Nos.23342 and 23343 of 2018 M.Dharmalingam ... Petitioner Vs.

1.The Revenue Divisional Officer, Office of RDO, Virudhachalam, Cuddalore District.

2.The Tahsildar, Tittagudi Taluk, Cuddalore District.

3.Mrs.I.Kanngi Devi ... Respondents PRAYER: Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Certiorari to call for the records pertaining to the impugned order of transfer of patta ordered by the 2nd respondent vide his proceedings dated 10.04.2018 in Ref.No.Na.Ka.Aa2/3779/2017 and quash the same as illegal, arbitrary, without jurisdiction and contrary of law. For Petitioner : Mr.R.Veeramani For Respondents 1 & 2 : Mr.Yogesh Kannadasan Special Government Pleader For RR3 : Ms.R.Meenal 1/4

O R D E R

This Writ Petition has been filed for issuance of writ of Certiorari to call for the records pertaining to the impugned order of transfer of patta ordered by the 2nd respondent vide his proceedings dated 10.04.2018 and quash the same.

2. The case of the petitioner is that he is the owner of certain items of property in S.F.No.17/2B, bearing patta no.91, measuring an extent of 20 cents, 64 cents, S.F.No.16/2 and 4.275 cents in S.F.No.192/19 bearing patta no.165 and one cent in Grama Natham S.F.No.192/21, situated in Pe.Poovanur Village, Tittagudi Taluk. While being so, attempts were made by the 3rd respondent to interfere with his possession and he also made application for cancellation of patta and the 2nd respondent Tahsildar also vide the order dated 10.04.2018, had cancelled the patta. Against the said order, the petitioner has preferred an appeal before the office of the 1st respondent. The petitioner challenging the 2nd respondent's impugned order, has filed the present writ petition.

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3. The learned counsel appearing for the petitioner submitted that in the appeal filed by the petitioner before the 1st respondent, the Revenue Divisional Officer has passed an order in favour of the petitioner and therefore, nothing survives for further adjudication in this petition and prays for closure of the same.

4. In view of the above submission of the learned counsel for the petitioner, since there was a subsequent development vide the order of the Revenue Divisional Officer who passed an order in favour of the petitioner, this Writ Petition is closed. No costs. Consequently connected miscellaneous petitions are closed.

05.07.2022 sk To 1.The Principal Secretary, Housing and Urban Development Department, Fort st.George, Chennai 600 009.

M.DHANDAPANI, J.

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sk 2.The Chairman cum Managing Director, Tamil Nadu Housing Board, No.33, Anna Salai, Nandanam, Chennai 600 035.

3.The Executive Engineer and Administrative Officer, Besant Nagar Division, Tamil Nadu Housing Board No.48, Dr.Muthulakshmisalai, Adyar, Chennai 600 020.

4.The Special Tahsildar (L.A) Land Acquisition Officer, Tamil Nadu Housing Board Scheme, Ashok Nagar, Chennai 600 083.

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