Jainulavudeen v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Jainulavudeen ... Petitioner Vs.

1.The District Revenue Officer, Dindigul, Dindigul District.

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

3.The Tahsildar, Natham, Dindigul District.

4.Abu Baker 5.Guthbudeen 6.Amsad 7.Mohamed Ibrahim 8.Kadharsha Rowthar 9.Jamal Mohamed 10.Hanifa ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to conduct speedy disposal enquiry in proceeding in Na.Ka.No.268/2019/M4 dated 16.10.2019.

For Petitioner : Mr.A.Vadivel For R1 to R3 : Mrs.S.Jeyapriya Government Advocate

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to conduct expeditious disposal of the enquiry in proceeding in Na.Ka.No.268/2019/M4 dated 16.10.2019.

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2. According to the petitioner, illegally patta was issued in favour of respondents 4 to 10 for the property measuring an extent of 1 acre and 15 cents in Survey No.79/3 at Sirankattupatti Village, Dindigul District. He has submitted an application dated 24.08.2019 seeking for cancellation of the patta issued in favour of respondents 4 to 10 for the said property. Since the said application has not been considered till date, he has sought for early disposal of the said application.

3. Heard Mr.A.Vadivel, learned counsel appearing for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate who accepts notice on behalf of respondents 1 to 3.

4. On instructions, she would submit that enquiry has already been commenced in the application filed by the petitioner seeking for cancellation of the patta. The said submission is recorded. Since enquiry has already been commenced, no prejudice would be caused to the respondents, if the petitioner's application seeking for cancellation of patta is considered on merits and in accordance with law after affording a fair hearing to the petitioner as well to the respondents 4 to 10 in whose name presently the patta stands and also any other necessary party within a time frame to be fixed by this Court.

5. Accordingly, this Court directs the third respondent to pass final orders on the petitioner's application dated 16.10.2019 seeking for cancellation of patta for the aforementioned property presently standing in the name of respondents 4 to 10 within a period of three (3) months from the date of receipt of a copy of this order after affording a fair hearing to the petitioner as well as the respondents 4 to 10.

6. With the aforesaid directions, the writ petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) tsg NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The District Revenue Officer, Dindigul, Dindigul District.

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

3.The Tahsildar, Natham, Dindigul District.

+1 CC to M/s.P.THANGAPANDI, Advocate ( SR-7152[F] dated 18/02/2022 ) +1 CC to M/s.SPL GP ( SR-7435[F] dated 21/02/2022 ) ORDER MADE IN 18.02.2022 PKP/03.03.2022/3P/6C 3/3