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Madras High CourtWP(MD)/7826/2021dismissed as infructuous

Lieutenant Colonel Ganesan S (Retd) v. The District Revenue Officer

2024-04-02Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.7826 of 2021 and W.M.P.(MD)Nos.5969 and 5970 of 2021 Lieutenant Colonel Ganesan S (Retd) ... Petitioner Vs.

1. The District Revenue Officer, Virudhunagar District.

2. The Tahsildar, Kariyapatty, Virudhunagar District.

3. Saraswathi

4. Nachammal

5. Amaravathy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 22.10.2020 of the first respondent in Ni.Mu.Aa2/19504/2020 and quash the same and 1/4

directing the first respondent to pass orders afresh after giving the petitioner adequate opportunity to be heard in the case pertaining to Survey No.67/2A1 in the light of suppression of facts and violation of principles of natural justice, within the time frame to be stipulated by this Court.

For Petitioner : Mr.T.Selvan For R1 & R2 : Mr.A.K.Manikkam Special Government Pleader For R3 to R5 : No appearance

O R D E R

The Writ Petition is directed against the order dated 22.10.2020 passed by the first respondent and for direction to the first respondent to pass orders afresh after giving the writ petitioner adequate opportunity to be heard in the case pertaining to Survey No.67/2A1 in the light of suppression of facts and violation of principles of natural justice, within the time frame to be stipulated by this Court.

2. When the matter is taken up for hearing today, the learned counsel appearing for the writ petitioner would submit that they have challenged the order passed by the first respondent dated 22.10.2020 and 2/4

subsequently the first respondent has restored the original patta in favour of the writ petitioner and as such, nothing survives for further adjudication. He would further submit that civil suit is pending between the parties.

3. Recording the same, this Writ Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petitions are closed. No costs.

02.04.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To

1. The District Revenue Officer, Virudhunagar District.

2. The Tahsildar, Kariyapatty, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.7826 of 2021 and W.M.P.(MD)Nos.5969 and 5970 of 2021 Dated : 02.04.2024 4/4