Madras High CourtWP(MD)/4813/2020dismissed as infructuous

R.Thirumalaisamy Gounder v. The District Collector

2020-07-23Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.07.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR R.Thirumalaisamy Gounder

...Petitioner

Vs 1.The District Collector, Dindigul-624 001, 2.The Revenue Divisional Officer/Sub Collector, Office of the Revenue Divisional Officer, Palalni, 3.The Thasildhar, Taluk Officer, Vedasandur-624 710 Vedasandur Taluk, 4.The Village Administrative Officer, E.Chithoor Village, Vedasandur Taluk, 5.Perumal 6.Subramani 7.Vellathai

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to direct the 3rd respondent to conduct fair and proper enquiry after serving proper notice with correct survey numbers ie., S.No.254/2B and S.No.315/1 at Chithoor Village, Vedasandur Taluk, Dindigul District, and to cancel the patta in the name of the fifth respondent within the time stipulated by this Court. For Petitioner : Mr.R.Senthil Kumar For R1 to R4 : Mr.R.Sethuraman Special Government Pleader

ORDER

This Writ Petition is filed to direct the third respondent to conduct fair and proper enquiry after serving proper notice with correct survey numbers ie., S.No.254/2B and S.No.315/1 at Chithoor 1/3

Village, Vedasandur Taluk, Dindigul District, and to cancel the patta in the name of the fifth respondent within the time stipulated by this Court.

2.Heard Mr.R.Senthil Kumar, learned counsel appearing for the petitioner and Mr.R.Sethuraman, learned Special Government Pleader appearing for the respondent Nos.1 to 4.

3.Today when the writ petition is taken up for hearing, the learned Special Government Pleader, on instructions, would submit that while pending the writ petition, the Tahsildar, Vedasandur Taluk, Dindigul District, has conducted an enquiry and passed an order on 10.07.2020. The said order copy was also served to the petitioner. Therefore, nothing survives for further adjudication in the present writ petition and prays before this Court that the writ petition ought to be dismissed.

4.Since the Tahsildar has conducted an enquiry and also passed the final order, nothing survives for adjudication in the writ petition. Hence, this Writ Petition is dismissed as infructuous. If the petitioner is aggrieved by the said final order passed by the Tahsildar, he is at liberty to work out his remedy before the appropriate forum. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns 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, Dindigul-624 001, 2.The Revenue Divisional Officer/Sub Collector, Office of the Revenue Divisional Officer, Palalni,Dindigul District.

2/3

3.The Thasildhar, Taluk Officer, Vedasandur-624 710 Vedasandur Taluk, 4.The Village Administrative Officer, E.Chithoor Village, Vedasandur Taluk, 23.07.2020 KM (29.07.2020) 3P 5C 3/3