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Madras High CourtWP(MD)/1443/2024disposed of

Alagu v. The District Collector

2024-02-21Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Alagu ... Petitioner Vs.

1.The District Collector, Madurai, Madurai District.

2.The Revenue Divisional Officer, Melur Revenue Division, Vellaripatty, Melur, Madurai District.

3.The Tahsildar, Melur, Madurai District.

4.Thangavelu 5.Natarajan 6.Chinnalagu 1/4

7.Rethinam 8.Rasu 9.Poongodi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to direct the second respondent to cancel the forged patta in No.1458 for the petitioner's ancestral lands in Survey Nos. 29/3B1, 5A its extent of 0.46.50, 0.15.50 Ares respectively of Pallapatty Village, Melur Taluk, Madurai District and re-classify to include the same in preexistence Patta No. 107 based on the petitioner's representation dated 06.12.2023 within the stipulated time limit as fixed by this Court. For Petitioner : Mr.N.Palaniyandi For Respondents : Mr.A.Kannan Additional Government Pleader for R.1 to R.3

ORDER

Heard both sides.

2.The petitioner is aggrieved by the mutation of patta in favour of the seventh respondent. Challenging the same, the present writ petition came to be filed.

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3.The petitioner can very well file an appeal before the second respondent in this regard. The learned counsel appearing for the petitioner states that such an appeal will be filed within a period of two weeks from the date of receipt of a copy of this order. On such appeal is being filed, it shall be entertained without reference to limitation and without citing any other technical ground. The second respondent shall entertain the petitioner's appeal and issue notice to the seventh respondent and other interested persons if any. Report shall be called for from the third respondent. Final order on merits and in accordance with law will be passed by the second respondent within a period of three months thereafter.

4.This writ petition is disposed of accordingly. There shall be no order as to costs.

21.02.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The District Collector, Madurai, Madurai District.

2.The Revenue Divisional Officer, Melur Revenue Division, Vellaripatty, Melur, Madurai District.

3.The Tahsildar, Melur, Madurai District.

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