Paul Thai, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.252 of 2018 and W.M.P(MD)Nos.267 & 268 of 2018 Paul Thai ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Sattur, Virudhunagar District.

4.The Tashildar, Vempakkottai, Virudhunagar District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned orders of O.Mu.A2/2189 / 17 dated 27.11.2017 passed by the fourth respondent and quash the same and consequently directing the 4th respondent to issue patta to the petitioner for the land of 15 cents situated at New S.No.122/4, Elayirampannai Village, Vempakkottai Taluk, Virudhunagar District.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the order passed by the fourth respondent.

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2.According to the petitioner he has filed an application before the Revenue Divisional Officer / third respondent seeking patta. Pursuant to the application of the petitioner, the third respondent directed the Tashildar / the fourth respondent to file a report. Based on the direction issued by the third respondent, the fourth respondent filed a report before the third respondent stating that the land, for which the petitioner seeks patta, is a grave yard, without issuing any notice to the petitioner. Challenging the same, the petitioner filed the present Writ Petition. 3.Perusal of the impugned order it is seen that it is only a inter departmental communication and this Court is of the view that the petitioner cannot challenge the inter department proceedings. Hence, this Writ Petition is dismissed.

However, since the matter is pending with the third respondent / The Revenue Divisional Officer, the third respondent is directed to consider the application of the petitioner and pass appropriate orders on merits and in accordance with law after giving opportunity to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, W.M.P(MD)Nos.267 & 268 of 2018 are closed.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Sattur, Virudhunagar District.

4.The Tashildar, Vempakkottai, Virudhunagar District.

+One cc to The Special Government Pleader, SR.No.41947 +One cc to Mr.R.Murugappan, Advocate, SR.No.41579 ta RL/7C/2P/JC/SAR1/30/1/2018 https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)No.252 of 2018 10.01.2018