Keerthana v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Keerthana ... Petitioner /Vs./

1. The District Collector, Theni District, Theni.

2. The Revenue Divisional Officer, Theni District, Theni.

3. The Tahsildar, Andipatti Taluk, Theni District, Theni.

4. Padma ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent dispose proceedings in OM.Mu.No. 1978/2021/A2 dated 17.03.2022 to cancel the patta No. 6113 based on petitioner representation dated 27.08.2024. For Petitioner : Mr.B.Arun For R1 to R3 : Mr.M.Muthumanikkam Government Advocate 1/5

ORDER

This Writ Petition is filed for issuance of Writ of Mandamus directing the second respondent to dispose of the proceedings in OM.Mu.No. 1978/2021/A2 dated 17.03.2022 to cancel the patta No. 6113 based on petitioner's representation dated 27.08.2024.

2. With consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3.The petitioner purchased the property in S.No.2320/3A2 under a registered sale deed 16.09.2019. While so, the petitioner came to know that the third respondent in collusion with the fourth respondent transferred patta in his name. The petitioner submitted a petition to the second respondent on 11.03.2022, to cancel the patta erroneously issued to the fourth respondent. The second respondent kept the said petition pending without any progress for the past two years. In spite of the petitioner's representation dated 27.08.2024, the second respondent did not initiate any action. Hence, the petitioner filed the above writ petition for the aforesaid relief.

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4. It is seen that the petitioner's petition is kept for more than two years in spite of the petitioner's representation dated 27.08.2024. Hence, I am inclined to issue a direction. Accordingly, the second respondent is directed to dispose of the petitioner's petition dated 11.03.202, on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. It is needless to state that the second respondent shall issue notice and give an opportunity of hearing to the petitioner as also to the interested persons before passing the final orders.

5. With the above direction, this Writ Petition is disposed of. No costs.

27.01.2025 Index : Yes / No NCC : Yes / No CM 3/5

TO:

1. The District Collector, Theni District, Theni.

2. The Revenue Divisional Officer, Theni District, Theni.

3. The Tahsildar, Andipatti Taluk, Theni District, Theni.

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N.MALA, J.

CM Order made in Dated:

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