V.Ganesan v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN V.Ganesan ... Petitioner versus 1.The District Revenue Officer, Collectorate, Dharmapuri, Dharmapuri District.

2.The Revenue Divisional Officer, Office of the R.D.O., Harur, Dharmapuri District.

3.The Tahsildar, Office of the Tahsildar, Pappireddipatti Taluk, Dharmapuri District.

4.M.Palani 5.Chinnu Gounder .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent to consider and pass orders on the petitioner's representation dated 29.08.2023, to cancel the Pg.Nos.1/5

illegal Patta stands in the name of the fourth respondent's father and issue fresh Patta to the petitioner based on the direction of the second respondent in Na.Ka.No.3776/2023/A2, dated 29.08.2023 and dispose of the same within the time frame that may be fixed by this Court. For Petitioner :

Mr.S.Arokiamaniraj For Respondents :

Mr.R.Vigneshwaran Government Advocate for R1 to R3

O R D E R

Mr.R.Vigneshwaran, learned Government Advocate accepts notice for respondents 1 to 3. Since this writ petition is being disposed of without passing any adverse orders against respondents 4 and 5, affecting their interest, notice to those respondents is dispensed with.

2. The petitioner herein has given a representation to respondents 1 to 3 on 29.08.2023, seeking to cancel the Patta stands in the name of the fourth respondent's father and issue fresh Patta in favour of the petitioner based on the direction of the second respondent in Na.Ka.No.3776/2023/ A2, dated 29.08.2023. Since the said representation has not been considered Pg.Nos.2/5

till date, the present writ petition has been filed.

3. This Court, at this stage, is not expressing any view on the merits of the matter, as it is for respondents 1 to 3 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 representation, this Writ Petition is disposed of, by directing respondents 1 to 3 to consider the representation of the petitioner dated 29.08.2023, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity of hearing to the petitioner, respondents 4 and 5 herein as well as the rival claimants/interested parties, if any. Such exercise shall be done by the respondents 1 to 3 within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. 10.01.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.3/5

To 1.The District Revenue Officer, Collectorate, Dharmapuri, Dharmapuri District.

2.The Revenue Divisional Officer, Office of the R.D.O., Harur, Dharmapuri District.

3.The Tahsildar, Office of the Tahsildar, Pappireddipatti Taluk, Dharmapuri District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 10.01.2024 Pg.Nos.5/5