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Madras High CourtWP/28384/2021disposed of

C.Elumalai v. The Revenue Divisional Officer,

2022-01-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.28384 of 2021 C.Elumalai ... Petitioner -Vs1. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Thiruvannamalai, Thiruvannamalai District.

2. The Tahsildar, O/o.The Tahsildar, Kilpennathur Taluk, Thiruvannamalai District - 604408.

3. Shanmugam

4. Unnamalai ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to consider and pass orders on the Appeal dated 29.07.2021 submitted under Patta Passbook Act for seeking to remove the names of the respondents 3 and 4 in Patta Nos.214 and 1299 and to grant patta transfer exclusively in the name of the petitioner for the lands in Survey Nos.245/1(0.73.0 Hectares) 245/2 (0.24.0 Hectares) and 245/3 (0.13.5 Hectares) of Erumpoondi Village, Kilpennathur Taluk, Thiruvannamalai District.

For Petitioner : Mr.V.R.Appaswamee For R1 and R2 : Mr.P.Baladhandayutham Special Government Pleader

ORDER

This writ petition has been filed for the issuance of Writ of Mandamus, directing the first respondent to consider and pass orders on the Appeal dated 29.07.2021 submitted under Patta Passbook Act for seeking to remove the names of the respondents 3 and 4 in Patta Nos.214 and 1299 and to grant patta transfer exclusively in the name of the petitioner for the lands in Survey Nos.245/1(0.73.0 Hectares) 245/2 (0.24.0 Hectares) and 245/3 (0.13.5 Hectares) of Erumpoondi Village, Kilpennathur Taluk, Thiruvannamalai District.

2.

Heard Mr.V.R.Appaswamee, learned counsel appearing for the petitioner and Mr.P.Baladhandayutham, learned Special Government Pleader, appearing for the respondents 1 and 2. 3.

The petitioner challenged the patta issued in favour of the respondents 3 and 4 before the first respondent by way of an appeal, dated 29.07.2021 and it is pending.

4.

Considering the above, the first respondent is directed to issue notice to the petitioner and the respondents 3 and 4 herein and after giving them an opportunity of hearing, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 5.

With the above directions, this writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar mn/sha To

1. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Thiruvannamalai, Thiruvannamalai District.

2. The Tahsildar, O/o.The Tahsildar, Kilpennathur Taluk, Thiruvannamalai District - 604408.

+1cc to M/s.V.R.Appaswamee, Advocate, S.R.No.536 +1cc to the Government Pleader, S.R.No.1116 W.P.No.28384 of 2021 PL(CO) SU(31/01/2022)