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Madras High CourtWP(MD)/2615/2024disposed of

Arulappan .A v. The District Collector

2024-02-08Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 08.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.2615 of 2024 A.Arulappan

...Petitioner

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

2.The District Revenue Officer, District Collectorate, Trichy District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Thiruvarangam, Navalur Kuttapattu, Trichy District.

4.The Tahsildhar, Taluk Office, Manapparai, Trichy District.

5.S.Sesu Arockiyadoss 6.A.Philomenal 7.A.Arockiyasamy 8.A.Savarimuthu 9.A.Anthonysamy 10.A.Rajendiran

...Respondents

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Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to dispose the proceedings in Na.Ka. A5/6282/2022 on the basis of the petitioner's representation dated 30.12.2023 within a time frame that may be fixed by this Court.

For Petitioner : Mr.K.Arunraj For Respondents : Mr.D.Gandhiraj (R1 to R4) Special Government Pleader

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the third respondent to dispose the proceedings in Na.Ka. A5/6282/2022 on the basis of the petitioner's representation dated 30.12.2023 within a time frame that may be fixed by this Court.

2. According to the petitioner, the subject properties are ancestral properties. The petitioner's mother and his sister jointly executed a registered release deed in respect of the subject properties in his favour. Since then the petitioner has been in possession and enjoyment of the same. Patta was wrongly mutated in the name of the private respondents as joint patta. By utilizing this mistake, the petitioner made encumbrance over the subject properties. With regard to the same, the petitioner made a representation to the 2/6

respondents on 22.09.2021 to cancel the joint patta, which was taken on file by the third respondent and forwarded to the fourth respondent. On enquiry, the petitioner submitted all the relevant documents before the respondents 3 and 4 explaining the real facts. The proceedings in Na.Ka. A5/6282/2022 has not been disposed till date. Hence, the present writ petition.

3. The learned Special Government Pleader appearing for the official respondents submits that the respondents will dispose the pending proceedings in accordance with law within the time stipulated by this Court.

4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the official respondents. Notice to the private respondents is dispensed with, since no adverse order is going to be passed against them in this writ petition.

5. In view of the above said submission, this Court, without expressing any opinion on the merits of the matter, directs the official respondents to dispose of the proceedings in Na.Ka. A5/6282/2022, after affording opportunity of hearing to the petitioner and the private respondents, by considering the petitioner's representation dated 30.12.2023 within a period of sixteen (16) weeks from the date of receipt of a copy of this order. 3/6

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

08.02.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 4/6

TO:- 1.The District Collector, Trichy District.

2.The District Revenue Officer, District Collectorate, Trichy District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Thiruvarangam, Navalur Kuttapattu, Trichy District.

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V.BHAVANI SUBBAROYAN, J.

sm Order made in W.P(MD)No.2615 of 2024 Dated:

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