R.Kamalakannan v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.11.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.Nos.32124 & 32125 of 2023 R.Kamalakannan S/o.Ramasamy ... Petitioner versus 1.
The Revenue Divisional Officer Cheyyar Thiruvannamalai District.
2.
The Tahsildar Vandavasi Taluk, Vandavasi Thiruvannamalai District.
3.
The Sub-Inspector of Police Ponur Police Station Ponur, Vandavasi Taluk Thiruvannamalai District.
4.
The Village Administrative Officer Kilputhur Kilputhur Village and Post Vandavasi Taluk Thiruvannamalai District.
Pg.Nos.1/7
5.
The President Kilpathur Village Panchayat Kilputhur Village and Post Vandavasi Taluk Thiruvannamalai District.
6.
Manickam 7.
M.Balu 8.
M.Rangan 9.
D.Vasantha
10. Shanthi
11. Pachaiappan
12. Rajamanickam
13. Danasekaran ... Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to dispose the appeal filed by the petitioner which was received by the 1st respondent on 08.09.2022. For Petitioners :
Mr.N.Sampath For Respondents :
Mr.P.Gurunathan Additional Government Pleader for R1, R2 and R4 Mr.S.Sugendran Additional Public Prosecutor, for R3 Mr.Prasanth Kiran Government Advocate, for R5 Pg.Nos.2/7
O R D E R
Mr.P.Gurunathan, learned Additional Government Pleader accepts notice for respondents 1, 2 and 4. Mr.S.Sugendran, learned Additional Public Prosecutor accepts notice for third respondent. Mr.Prasanth Kiran, learned Government Advocate accepts notice for fifth respondent. Since this writ petition is being disposed of without passing any adverse orders against the respondents 6 to 13, affecting their interest, notice to those respondents is dispensed with.
2. The petitioner seeks for a Mandamus directing the first respondent to dispose of the appeal dated 08.09.2022, wherein and whereby, he sought for setting aside the order dated 06.07.2022 passed by the first respondent and consequently direct the respondents 1 and 2 to grant patta in favour of the petitioner in respect of 30 cents of land (Kallankuthu) situated in S.No.57, Kilputhur Village, Vandavasi Taluk, Thiruvannamalai District.
3. It is stated that the writ petitioner has already filed a suit for injunction in O.S.No.121 of 2013 before the Sub Court, Cheyyar and got Pg.Nos.3/7
permanent injunction as against the respondents 6 to 13 restraining them not to interfere with the peaceful possession and enjoyment of the subject property. Once the petitioner got a decree for permanent injunction from the competent Civil Court as against the private respondents, if at all the private respondents are violating the same, he has to work out his remedy in the manner known to law before the competent Civil Court. Further, the petitioner has unnecessarily impleaded the Sub-Inspector of Police, Thiruvannamalai District as third respondent, who has nothing to do with the present writ petition and therefore, the writ petition is dismissed as against the third respondent. Since the petitioner got the permanent injunction as against the respondents 6 to 13 before the competent Civil Court, this writ petition is dismissed as against the respondents 6 to 13.
4. This Court, at this stage, is not expressing any view on the merits of the appeal filed by the petitioner, as it is for the 1st respondent to consider and decide the same on merits and in accordance with law. Since the limited prayer sought for in this writ petition is for disposal of the appeal pending before the 1st respondent, this Writ Petition is disposed of, Pg.Nos.4/7
directing the 1st respondent to consider the appeal dated 08.09.2022 filed by the petitioner and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the rival claimants / interested parties, if any. Such exercise shall be done by the 1st respondent within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. 20.11.2023 Speaking/Non-speaking order Index:Yes/No mk Pg.Nos.5/7
To 1.
The Revenue Divisional Officer Cheyyar Thiruvannamalai District.
2.
The Tahsildar Vandavasi Taluk, Vandavasi Thiruvannamalai District.
3.
The Sub-Inspector of Police Ponur Police Station Ponur, Vandavasi Taluk Thiruvannamalai District.
4.
The Village Administrative Officer Kilputhur Kilputhur Village and Post Vandavasi Taluk Thiruvannamalai District.
5.
The President Kilpathur Village Panchayat Kilputhur Village and Post Vandavasi Taluk Thiruvannamalai District.
Pg.Nos.6/7
P.VELMURUGAN, J.
mk 20.11.2023 Pg.Nos.7/7