Rajendran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 24.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.1408 of 2024 Rajendran

...Petitioner

/Vs./ 1.The District Collector, Pudukottai District.

2.The Revenue Divisional Officer, Pudukottai District.

3.The Tahsildar, Alangudi Taluk, Pudukottai District.

4.Nagendran

...Respondents

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd respondent to expedite the enquiry in the appeal in Na.Ka.No. A2/9255/2023, and to dispose the same within a time to be fixed by this Court and thus render justice. For Petitioner : Mr.R.Suriya Narayanan For Respondents : Mr.D.Gandhiraj (R1 to R3) Special Government Pleader 1/4

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the 2nd respondent to expedite the enquiry in the appeal in Na.Ka.No. A2/9255/2023, and to dispose the same within a time to be fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader, who takes notice for the official respondents. Since no adverse order is going to be passed in this writ petition, notice to the fourth respondent is dispensed with. By consent of both parties, this writ petition is disposed as the stage of admission itself.

3. According to the petitioner, subject properties are ancestral properties, which belong to the petitioner and his brother, the fourth respondent herein. After oral partition, the fourth respondent herein sold some portion in the subject property. Patta ought to have been issued only in the name of the petitioner. Instead, the patta has wrongly been mutated in the names of the fourth respondent and the petitioner jointly. Likewise, several lands have been wrongly mutated in the names of the fourth respondent and also in the joint names. By taking advantage of the patta being issued in the name of the fourth respondent, he is causing disturbance to the petitioner. In this regard, the 2/4

petitioner lodged a complaint against him and he has also preferred an appeal before the second respondent for issuance of separate patta. Since no action has been taken in this regard, this writ petition has been filed.

4. The learned Special Government Pleader appearing for the official respondents submits that the appeal will be disposed within the time frame fixed by this Court.

5. Considering the facts and circumstances of this case, this Court, without expressing any opinion on the merits of the matter, directs the official respondents to consider the appeal filed by the petitioner in Na.Ka.No.A2/9255/2023 and dispose of the same, after affording an opportunity of hearing to the petitioner and the fourth respondent and any other necessary party, whom the respondents deem fit to put on notice, within a period of sixteen (16) weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

24.01.2024 NCC : Yes/No Index : Yes/No 3/4

V.BHAVANI SUBBAROYAN, J.

sm TO:- 1.The District Collector, Pudukottai District.

2.The Revenue Divisional Officer, Pudukottai District.

3.The Tahsildar, Alangudi Taluk, Pudukottai District.

Order made in W.P(MD)No.1408 of 2024 Dated:

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