Madras High CourtWP(MD)/1907/2023disposed of

Prabaharan v. The District Collector

2023-02-01Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.1685 of 2023 1.Prabaharan 2.Anandh ... Petitioners Vs 1.The District Collector, Thanjavur & District.

2.The District Revenue Officer, Collectorate, Thanjavur.

3.The Revenue Divisional Officer, RDO Office, Kumbakonam Taluk, 4.The Tahsildar, Thiruvidaimaruthur Taluk, 5.The Block Development Officer, Union Officer, Thiruvidaimaruthur.

6.The Village Panchayat President, Thiruvesanallur, Thiruvidaimaruthur Taluk, 7.Gowri.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to cancel the assignment in favour of seventh respondent in respect of Survey No.486/28 with an extent of 0.065 cent and consequently directing the respondents 1 to 3 to grant patta to the petitioners in respect of Old Survey No.447, New Survey No.486/5 and (*)486/14 with an total extent of 2 acre 33 cents of Thiruvisainallur, Revenue village, Thiruvidaimaruthur taluk, Thanjavur District by considering the petitioners representation dated 24.01.2023.

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For Petitioners : Mr.R.Paranjothi For Respondents : Mr.M.Lingadurai Special Government Pleader for R.1 to R.6

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the official respondents. Considering the nature of relief to be granted, issuance of notice to the seventh respondent is dispensed with. 2.The petitioner seeks cancellation of the assignment made in favour of the seventh respondent. The third respondent is directed to consider the same and pass final order on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The third respondent will hear all the interested persons before passing final order. I make it clear that I have not gone into the merits of the matter. It is open to the third respondent to pass order one way or the other. 3.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) (*)Corrected as per the order of this Court dated 03/03/2023 made in WMP(MD)4200 of 2023 in W.P(MD)No.1907 of 2023 Sd/- Assistant Registrar(CS-I) // True Copy // /02/2023 Sub Assistant Registrar(CS) MGA To (*) To be substituted to the order already despatched on 28/02/2023 1.The District Collector, Thanjavur & District.

2.The District Revenue Officer, Collectorate, Thanjavur.

3.The Revenue Divisional Officer, RDO Office, Kumbakonam Taluk, 2/3

4.The Tahsildar, Thiruvidaimaruthur Taluk, 5.The Block Development Officer, Union Officer, Thiruvidaimaruthur.

6.The Village Panchayat President, Thiruvesanallur, Thiruvidaimaruthur Taluk, +1 CC to M/s.SPL.GP ( SR-5908[F] dated 03/02/2023 ) and W.M.P(MD)No.1685 of 2023 01.02.2023 SS(23.02.2023) 3P 8C RD(28/03/2023) 3P 8C 3/3