Guru. Saravanan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Guru.Saravanan ... Petitioner /Vs./ 1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The District Revenue Officer, Ramanathapuram District, Ramanathapuram.
3.The Revenue Divisional Officer, Paramakudi Division, Paramakudi, Ramanathapuram.
4.The Thasildar, Paramakudi Taluk, Ramanathapuram District.
5.The Zonal Deputy Tahsildar, Paramakudi Taluk, Ramanathapuram District.
6.Ramachandran 7.Periyasami 8.Sundarasamy 9.Rasu 10.Jeyaraman 11.Subramanian 12.Dhinakaran 13.Ramuthevar 14.Ramachandran 15.Subramanian ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to consider the petitioner's appeal dated 12.08.2021 in accordance with law within time stipulated by this Court. For Petitioner : Mr.P.R.Prithviraj For R1 to R5 : Mr.D.Sasikumar, Additional Government Pleader.
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ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the third respondent to pass final orders on the petitioner's appeal dated 12.08.2021,within a time frame to be fixed by this Court.
2.According to the petitioner, erroneously patta has been issued in favour of the respondents 6 to 15 in the year 2007 in Patta No.1997 and he and his ancestors are the owners of the said property, for which patta was erroneously issued in favour of the respondents 6 to 15. Aggrieved by the issuance of patta in the names of the respondents 6 to 15, the petitioner has preferred a statutory appeal under the Tamil Nadu Patta Passbook Act, 1983 on 12.08.2021. He seeks early disposal of the statutory appeal in this writ petition.
3.Heard Mr.P.R.Prithviraj, learned counsel appearing for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the official respondents. 4.As seen from the typed set of papers filed by the petitioner, a communication has been received by the petitioner on 18.08.2021 from the third respondent with regard to the appeal filed by the petitioner. Thereafter, no further communication with regard to the date of enquiry has been furnished to the petitioner. 5.No prejudice will be caused to the respondents, if the petitioner's statutory appeal dated 12.08.2021 is disposed of by the third respondent, within a time frame to be fixed by this Court, after affording a fair hearing to the petitioner and the respondents 6 to 15 and other rival claimants.
6.Accordingly, this Court directs the third respondent to pass final orders on the petitioner's appeal dated 12.08.2021, on merits and in accordance with law, after affording a fair hearing to the petitioner and the respondents 6 to 15 and other rival claimants, within a period of three (3) months from the date of receipt of a copy of this order.
7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3
sm 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.
To 1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The District Revenue Officer, Ramanathapuram District, Ramanathapuram.
3.The Revenue Divisional Officer, Paramakudi Division, Paramakudi, Ramanathapuram.
4.The Thasildar, Paramakudi Taluk, Ramanathapuram District.
5.The Zonal Deputy Tahsildar, Paramakudi Taluk, Ramanathapuram District.
+1 CC to M/s.SPL GP ( SR-9419[F] dated 02/03/2022 ) order made in Dated:01.03.2022 RJ(CO) TR(11.03.2022) 3P 7C 3/3