Madras High CourtWMP/31198/2022disposed of

P.E.Masilamani v. N.Balasubramaniam

2022-11-28Honourable Mr Justice M.Dhandapani4 pages

W.M.P.No.31198 of 2022 In M.DHANDAPANI,J.

This petition has been filed seeking to modify the order of this Court dated 22.07.2022 made in W.P.No.18768 of 2022. 2.The learned counsel appearing for the petitioner submitted that the first respondent/ writ petitioner filed W.P.No.18768 of 2022 seeking issuance of Writ of Mandamus directing the respondents 2 to 4/ respondents 1 to 3 in the writ petition from in any manner disturbing the first respondent's peaceful possession and enjoyment of the property in Survey No.146/2 to an extent of 1.20.50 Hectare in Patta No.330 of Ponnambalam Village, Kalavai Taluk, Ranipet District as claimed in the representation dated 28.02.2022 and this Court on 22.07.2022 disposed of the writ petition by recording the submission made by the learned Special Government Pleader who appeared on behalf of the respondents therein that the writ petitioner's peaceful possession will not be disturbed by the respondents therein without following due process of law.

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3.The learned counsel appearing for the petitioner further submitted that the petitioner is the former Panchayat President and Chairman of Organic Farming Farmers Council and further submitted that the writ petitioner is not in possession of the subject property and he mis-represented before this Court as if he is in possession of the property and obtained order and made claim before the Revenue Officials, whereas, the subject property is Panchayat land owned by Panchayat and suppressing the fact, the writ petitioner obtained order behind the back, which is not sustainable one. 4.Today when the matter is taken up for consideration, the learned counsel appearing for the first respondent/ writ petitioner is not ready to argue the case.

5.In view of the above, the order dated 22.07.2022 made in W.P.No.18768 of 2022 is recalled and the writ petition in W.P.No.18768 of 2022 stands disposed of with the following direction: (i)The fourth respondent/ third respondent in the writ petition is directed to hear the petitioner herein, though the petitioner is not a 2/4

party in the writ petition and the first respondent/ writ petitioner and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order.

6.This miscellaneous petition is disposed of in the above terms. 28.11.2022 pri 3/4

M.DHANDAPANI,J.

pri W.M.P.No.31198 of 2022 In 28.11.2022 4/4