Madras High CourtWP(MD)/1353/2022disposed of

Karunakaran .N v. The Sub Collector

2024-04-24Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.1353 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1353 of 2022 AND W.M.P.(MD)Nos.1199 of 2022 & 8503 of 2024 N.Karunakaran ... Petitioner Vs.

1. The Sub Collector, Periyakulam Revenue Division, Periyakulam, Theni District.

2. The Tahsildar, Periyakulam Taluk, Periyakulam, Theni District.

3. The Zonal Deputy Tahsildar, Periyakulam Taluk, Periyakulam, Theni District.

4. Marudupandi

5. Akilan

6. Paulpandi ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records on the file of the second respondent patta issued vide patta Nos.6188 and 6189 in survey No.576/1A and 577/1 Theni District, Periyakulam Taluk, Vadakarai Section-I Village issued in favour of the sixth respondent by concealing pending of civil suit and quash the same as illegal and devoid of merits.

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2 W.P.(MD)NO.1353 OF 2022 For Petitioner : Mr.Raja.Karthikeyan For R-1 to R-3 : Mr.K.Balasubramanian, Special Government Pleader.

For R-4 &R-5 : Mr.G.Kannan For R-6 : Mr.R.G.Sankar Ganesh * * *

O R D E R

Heard the learned counsel on either side.

2. The petitioner challenges the issuance of patta in favour of the sixth respondent. The petitioner had admittedly filed an appeal before the Revenue Divisional Officer, Periyakulam. The petitioner can very well pursue his remedy before the appellate authority.

3. I therefore direct the first respondent / Revenue Divisional Officer, Periyakulam to dispose of the petitioner's appeal on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The appellate authority of course put the sixth respondent on notice before passing final order. I leave open all the 2/4

3 W.P.(MD)NO.1353 OF 2022 contentions of both the parties. I make it clear that I have not gone into the merits of the matter. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

24.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Sub Collector, Periyakulam Revenue Division, Periyakulam, Theni District.

2. The Tahsildar, Periyakulam Taluk, Periyakulam, Theni District.

3. The Zonal Deputy Tahsildar, Periyakulam Taluk, Periyakulam, Theni District.

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4 W.P.(MD)NO.1353 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.1353 of 2022 24.04.2024 4/4