S.Devarajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition(MD)No.1284 of 2024 S.Devarajan ..Petitioner Vs 1.The District Collector, O/o the Collector, Thanjavur District.

2.The District Revenue Officer, The District Revenue Office, Thanjavur District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Thanjavur District.

4.The Tahsildar, Tahsildar Office, Thanjavur District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 3rd respondent to conclude the pending proceedings which was forwarded by the 2nd respondent vide O.Mu. 233557/2022/Vu.3 dated 07.03.2023 within a time frame as fixed by this Court forthwith.

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For Petitioner :M/s L.Juliet Caroline For Respondents :Mr.SRA.Ramachandran Addl. Govt. Pleader

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the 3rd respondent to conclude the pending proceedings which was forwarded by the 2nd respondent vide O.Mu. 233557/2022/Vu.3 dated 07.03.2023 within the stipulated time.

2. Mr.SRA.Ramachandran, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the Petitioner is that the petitioner has purchased the property in S.Nos.76A/16 and 76A/17 to an extent of 71 cents situated at Kollankarai Village, Naduvur Post, Thanjavur Taluk and District. The fourth respondent has issued patta in his name as Patta No.2020. However, the fourth respondent changed the patta in favour of one Ayyeepillai for the S.No.76A/17 as Patta No.63 dated 05.10.2014 without issuing any notice to the petitioner. 2/5

Hence, the petitioner has sent a detailed representation to the second respondent to cancel the patta issued in favour of the said Ayeepillai. The second respondent has forwarded his application to the third respondent vide O.Mu. 233557/2022/Vu.3 dated 07.03.2023. The said application has not been considered till today. Hence, the petitioner has filed the present writ petition seeking the above said relief.

4. The learned Additional Government Pleader appearing for the respondents would submit that the Petitioner's application will be disposed of in accordance with law by the third respondent within the time stipulated by this Court.

5. In view of the above said submission, this Court, without expressing any opinion on the merits of the matter, directs the third respondent to dispose of the proceedings in vide O.Mu. 233557/2022/Vu.3 dated 07.03.2023 in respect of the petitioner and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order.

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

23.01.2024 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The District Collector, O/o the Collector, Thanjavur District.

2.The District Revenue Officer, The District Revenue Office, Thanjavur District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Thanjavur District.

4.The Tahsildar, Tahsildar Office, Thanjavur District.

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V.BHAVANI SUBBAROYAN, J.

skn Writ Petition(MD)No.1284 of 2024 23.01.2024 5/5