Madras High CourtWP(MD)/4185/2018disposed of

S.Palanichamy @ Pallikoodathan v. The District Collector

2018-02-28Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No.4185 of 2018 S.Palanichamy @ Pallikoodathan .. Petitioner Vs.

1.The District Collector, Collectorate, Dindigul District.

2.The Sub Collector cum Revenue Divisional Officer, O/o. Sub Collector cum Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Vedachandur Taluk Office, Vedachandur, Dindigul District.

4.Mani ... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Mandamus directing the second respondent to conduct enquiry and cancel the forged Patta No.1065 which was issued in favour of father of the fourth respondent and consequently to issue Patta to the Petitioner in Survey No.1093/4, 1094/2 situated in Sukkampatti Village, Vedachandur Taluk, Dindigul District by considering the Appeal dated 22.01.2018.

For Petitioner : Mr.I.Pinaygash For R1 to R3 : Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

This writ petition has been filed seeking direction to the second respondent to conduct enquiry and cancel the Patta No.1065, issued in favour of the father of the fourth respondent and consequently to issue patta to the petitioner in respect of Survey No.1093/4, 1094/2 situated at Sukkampatti Village, Vedachandur Taluk, Dindigul District, by considering the Appeal dated 22.01.2018.

2.As the order to be passed in this writ petition is no way prejudicial to the interest of the fourth respondent, notice to the fourth respondent is dispensed with.

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3.According to the petitioner, against the order passed by the third respondent/Tahsildar granting patta in favour of the fourth respondent's father, he has filed an appeal before the second respondent. The second respondent has also taken the matter on file and issued notice for enquiry. Thereafter, no order has been passed by the second respondent. Hence, this writ petition has been filed. 4.Considering the fact that the second respondent has already initiated enquiry proceedings, the second respondent is directed to complete the enquiry and pass suitable orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as to the fourth respondent. 5.With the above direction, this writ petition is disposed of. No costs.

Sd/ Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate, Dindigul District.

2.The Sub Collector cum Revenue Divisional Officer, O/o. Sub Collector cum Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Vedachandur Taluk Office, Vedachandur, Dindigul District.

+1cc to Mr.I.PINAYGASH, Advocate, SR.No.51808 +1cc to M/s.Special Government Pleader,SR.No. 52337 WP (MD) No.4185 of 2018 28.02.2018 MJ KK/JC/20.03.2018/SAR-2/2P-6C https://hcservices.ecourts.gov.in/hcservices/