Sugumaran.P.L v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.L.Sugumaran ... Petitioner vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Devakottai Division, Sivagangai District.

4.The Tahsildar, 5.The Zonal Deputy Tahsildar, 6.S.Periyasamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 2 to 5 to execute the order passed by the second respondent through his proceedings in Na.Ka.P1/19872/13, dated 19.12.2015 in the petitioner's revision petition within the stipulated to be fixed this Court.

For Petitioner :Mr.SP.Vijay Nivas For R1 to R4 :Mr.D.Sasikumar Additional Government Pleader *****

O R D E R

This Writ Petition has been filed seeking for a direction to the respondents 2 to 5 to implement the order passed by the second respondent, dated 19.12.2015 in the statutory revision petition. 2.Under the aforementioned order, the second respondent has restored the patta standing in the name of the petitioner's father. However, according to the petitioner, the order of the second respondent, dated 19.12.2015 passed in the revision petition has not been implemented yet. In such circumstances, the petitioner has filed this Writ Petition.

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3.The fourth respondent has also issued a memo on 20.04.2017 directing the fifth respondent to cancel the patta granted in favour of the sixth respondent and he has further directed to make necessary alteration in the "A" register to bring the name of the petitioner's father, Palanisamy in patta No.597 pertaining to the property comprised in S.No.199/18, measuring to an extent of 0.31.0 ares in Thanavayal village, Amarvathiputhur Post, Devakottai Taluk, Sivagangai District.

4.It is also contended by the petitioner that the order, dated 19.12.2015 passed by the second respondent has attained finality and no Writ Petition or civil suit has been filed by the sixth respondent. Therefore, no prejudice will be caused to the respondents, if the order, dated 19.12.2015 passed by the second respondent in the revision petition filed by the petitioner under the Tamil Nadu Patta Pass Book Act, 1983, is implemented. 5.For the foregoing reasons, this Court directs the fourth respondent to implement the order passed by the second respondent, dated 19.12.2015 in Na.Ka.P1/19872/13, within a period of twelve weeks from the date of receipt of a copy of this order subject to the condition that no proceedings has been initiated by the sixth respondent before any Court of any challenging the order, dated 19.12.2015 passed by the second respondent.

6.With the aforesaid directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Devakottai Division, Sivagangai District.

4.The Tahsildar, 2/3

5.The Zonal Deputy Tahsildar, +1 CC to M/s.SP.VIJAY NIVAS, Advocate ( SR-15164[F] dated 29/03/2022 ) +1 CC to M/s.SPL GP ( SR-15359[F] dated 30/03/2022 ) 29.03.2022 RD(08.04.2022) 3P 8C 3/3