Madras High CourtCMP(MD)/10842/2017delay condoned

Ar. Algar v. The District Collector

2017-11-28Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Eighth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM and The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN CMP(MD) No.10842 of 2017 IN WA(MD) No.SR7559 of 2017 AR.ALGAR ... APPELLANT/PETITIONER Vs 1 THE DISTRICT COLLECTOR RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

2 THE REVENUE DIVISIONAL OFFICER RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

3 THE TAHSILDAR RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

4 RAJENDRAN 5 KALIMUTHU ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 256 days in representing W.A.(MD)SR7559 of 2017.

PRAYER IN WA(MD) No.SR7559 of 2017:

To set aside the order dated 21.12.2016 passed in WP(MD) No.2440 of 2013 and consequently allow the Writ Appeal by setting aside the order dated 28.09.2012 passed in O.Mu.P4/12758/2012 and restore the original status prior to the order of the 3rd Respondent dated 05.02.1983 passed in Mu.Mu.13146/82.

Prayer in WP(MD)No.2440 of 2013:

Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of certiorarified mandamus calling for the records of the respondents resulting in the 3rd respondent's impugned order dated 28.09.2012 passed in O.Mu.P4/12758/2012 and un-communicated order dated 05.02.1983 passed https://hcservices.ecourts.gov.in/hcservices/

in Mu.Mu.1346/82 quash the same and consequently directing the respondents to cancel the patta issued in the name of 4th and 5th respondents in respect of the land in Survey No.28/13, Patta No.131 situated at Thiruthervalai Village, Anandur Post, Thiruvadanai Taluk, Ramanathapuram District by restoring the original status and thereafter to conduct a fresh enquiry by affording all sort of opportunities to the parties to establish their right to get patta in respect of the petition land.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.R.VENKATESAN, Advocate for the petitioner and the court made the following order:- The civil miscellaneous petition has been filed to condone the delay of 256 days in representing the above writ appeal.

2. Heard Mr.V.R.Venkatesan, learned counsel for the petitioner and perused the records.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Civil Miscellaneous Petition is allowed on terms that the petitioner shall deposit Rs.1,000/- (Rupees One Thousand only) to the Mediation and Conciliation Centre, attached to this Court within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition will be dismissed automatically without further reference to this Court. No costs.

sd/- 28/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE DISTRICT COLLECTOR, RAMANATHAPURAM DISTRICT, RAMANATHAPURAM. 2 THE REVENUE DIVISIONAL OFFICER, RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

3 THE TAHSILDAR, RAMANATHAPURAM DISTRICT, RAMANATHAPURAM. Copy to:

THE COORDINATOR, MEDIATION AND CONCILIATION CENTRE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ORDER IN CMP(MD) No.10842 of 2017 IN WA(MD) No.SR7559 of 2017 Date :28/11/2017 sm SH/RR/SAR-1:14.12.2017:2p/5c https://hcservices.ecourts.gov.in/hcservices/