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Madras High CourtWP/32801/2019disposed of

C. Ganesh Thambidi, v. State Rep. By The District Collector,

2022-01-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.32801 OF 2019 C.Ganesh Thambidi

...Petitioner

Vs

1. State rep.by the District Collector, Erode - 638 011, Erode District.

2. The Revenue Divisional Officer, Gobichettipalayam, Erode District.

3. The Tahsildar, Anthiyur Taluk, Erode District.

4. K.Madhan

5. K.Mani

6. K.Chinnasamy

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to restore patta in the name of the petitioner and the legal heirs of the original owners as it originally stood in the Patta No.1675 dated 14.08.1971, by cancelling the erroneous entires made in the name of the respondents 4 to 6, in line with the judgment of this Court dated 04.06.2018 made in S.No.859 of 2004, by considering the petitioner's representation dated 11.10.2019. For Petitioner :

Mr.N.Manoharan For Respondents :

Mr.S.Rajesh Government Advocate (for R1 to R3) : Mr.S.P.Yuaraj (for R6) https://hcservices.ecourts.gov.in/hcservices/

ORDER

This writ petition is filed to issue a Writ of Mandamus to direct the respondents 1 to 3 to restore patta in the name of the petitioner and the legal heirs of the original owners as it originally stood in Patta No.1675 dated 14.08.1971, by cancelling the erroneous entires made in the name of the respondents 4 to 6, in line with the judgment of this Court dated 04.06.2018 made in S.No.859 of 2004, by considering the petitioner's representation dated 11.10.2019.

2. Considering the limited relief sought for in the petition, without expressing any opinion on merits of the writ petition, the third respondent is directed to consider the representation of the petitioner dated 11.10.2019, after issuance of notice to the petitioner, the respondents 4 to 6 and counter parties, if any and after giving opportunity of hearing to them, 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.

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

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kv To

1. The District Collector, Erode - 638 011, Erode District.

2. The Revenue Divisional Officer, Gobichettipalayam, Erode District.

3. The Tahsildar, Anthiyur Taluk, Erode District.

+1cc to Mr.S.P.Yuaraj, Advocate, S.R.No.4387 +1cc to M/s.N.Manokaran, Advocate, S.R.No.4509 +1cc to the Government Pleader, S.R.No.4920 W.P.No.32801 of 2019 RSV(CO) RLP(09/02/2022) https://hcservices.ecourts.gov.in/hcservices/