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Madras High CourtWP(MD)/10661/2012allowed

Pappa @ Pappamal v. Regional Assistant

2022-06-17Honourable Mr Justice R.Vijayakumar2 pages

W.P(MD)No.10661 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.10661 of 2012 and M.P(MD) No. 2 of 2012 Pappa @ Pappamal ... petitioner Vs.

Regional Assistant Tahsildar, Madurai West, Tahsildar Office, Madurai South Taluk, Madurai.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned order of the respondent made in his proceedings in Na.Ka.No.Land Dispute Petition No.231/10/10/12 dated 10.05.2012 and to quash the same. For Petitioner : No appearance For Respondent : Mr.D.Sasikumar Additional Government Pleader

ORDER

The present writ petition has been filed challenging the notice issued by the respondent herein calling upon the parties to appear for an enquiry arising out of the land dispute. 2.The respondent has no jurisdiction whatsoever to decide the civil dispute between the parties, unless any dispute arises with regard to issuance of patta. The respondent does not have any jurisdiction at all to call the parties for an enquiry relating to the land dispute with regard to the private properties. 3.Since the impugned order has been passed without jurisdiction, the impugned order dated 10.05.2012 made in Na.Ka.No.Land Dispute Petition No.231/10/10/12 stands set aside and the Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // /07/2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.10661 of 2012 cp To Regional Assistant Tahsildar, Madurai West, Tahsildar Office, Madurai South Taluk, Madurai.

+1 CC to M/s.SPL.GP ( SR-26746[F] dated 20/06/2022 ) W.P(MD)No.10661 of 2012 17.06.2022 RD(01.07.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2