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Madras High CourtWP/32648/2018disposed of

V.Murugesh v. The Revenue Divisional Officer

2018-12-11Honourable Mrs Justice Pushpa Sathyanarayana6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.12.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.32648 of 2018 V.Murugesh .. Petitioner Vs.

1. The Revenue Divisional Officer, Hosur, Krishnagiri District.

2. The Tahsildar, Taluk Office, Hosur Taluk, Hosur, Krishnagiri District.

3. S.Pappanna .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent herein to dispose of the appeal dated 08.10.2018 sent by the petitioner in accordance with law and within a stipulated period. For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.S.Suresh Kumar Government Advocate

O R D E R

By consent of both parties, the Writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this writ petition seeking a direction to the first respondent herein to dispose of the appeal dated 08.10.2018.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation/appeal dated 08.10.2018 seeking to cancel the patta standing in the name of the third respondent herein, measuring to an extent of 1.48 acres bearing S.No.721/1 and issue patta in favour of the petitioner, but, the same is yet to be disposed of by the respondents. Hence, the petitioner is before this Court.

4. Heard Mr.S.Suresh Kumar, learned Government Advocate on behalf of the respondents 1 and 2.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any

opinion on the merits of the representation/appeal, directs the second respondent to consider the petitioner's representation/appeal dated 08.10.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner, the third respondent herein as well as any of the interested parties and also affording them an opportunity of personal hearing within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition stands disposed of. No costs.

11.12.2018 Index : Yes / No Internet : Yes / No srn/av To

1. The Revenue Divisional Officer, Hosur, Krishnagiri District.

2. The Tahsildar, Taluk Office, Hosur Taluk, Hosur, Krishnagiri District.

srn/av W.P.No.32648 of 2018 11.12.2018

W.P.No.32648/2018 This writ petition is listed today under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner and heard through videoconferencing.

2. Heard both sides.

3. The grievance of the learned counsel for the petitioner is that there is a typographical error in the third paragraph of the order dated 11.12.2018, as the survey number was mentioned as "S.No.721/1", instead of "S.No.72/1" and the same may be corrected.

4. It is to be stated that though this Court in unequivocal terms directed the second respondent to consider the petitioner's representation/appeal dated 08.10.2018, wherein the survey number of the land was correctly mentioned, and pass appropriate orders on merits and in accordance with law, after hearing the parties, within four weeks, taking advantage of the aforesaid inadvertent typographical error crept in, in mentioning the survey number, in the order dated 11.12.2018, the second respondent failed to comply with the directions issued by this Court.

5. Be that as it may. The Registry is directed to correct the relevant portion in paragraph 3 of the order dated 11.12.2018 as "S.No.72/1, Thorapalli Agraharam, Hosur Taluk, Krishnagiri District", in the place of "S.No.721/1", and issue corrected copy.

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6. The order dated 11.12.2018 remains unaltered in all other aspects.

7. It is made clear that the second respondent is directed to comply with the directions contained in the order dated 11.12.2018 within a period of four weeks from the date of receipt of a copy of this order.

11.02.2020 gg W.P.No.32648/2018