Madras High CourtWP(MD)/5171/2024disposed of

Ayyanar v. The Zonal Deputy Tahsildar

2024-10-03Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2024

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.4963 and 4964 of 2024 Ayyanar ... Petitioner /vs./ 1.The Zonal Deputy Tahsildar, NIlakottai Taluk, Dindigul District.

2.Rajalakshmi 3.The Tahsildar, Nilakottai Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned proceedings of the 1st respondent in DR No.2022/0103/13/216546 TR dated 16.08.2022 and quash the same as illegal.

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For Petitioner : Mr.M.Mahaboob Athiff For R2 : Mr.B.Saravanan Senior Counsel for Mr.C.Jeganathan

ORDER

The above writ petition has been filed challenging the proceedings of the first respondent in DR No.2022/0103/13/216546 TR dated 16.08.2022.

2. A counter affidavit has been filed by the third respondent stating as follows:

" I respectfully submit that, the instant writ petition has been filed assailing the mutation of patta in favour of the 2nd respondent by order dated 16.08.2022. On verification of records it has been found that the said mutation has been made without notice to all legal heirs of Mr.And?, the original pattadar in respect of Survey No.309/5, Nilakottai taluk, Dindigul district. Therefore, the impugned order in TR 2022/0103/13/216546TR dated 16.08.2022 is withdrawn. Fresh notice would be issued to the respective parties and a decision would be taken in respect of 2/4

the mutation of patta after affording opportunity of hearing to all interested parties."

3. Recording the same, the Writ Petition stands disposed of with a direction to the third respondent/the Tahsildar to dispose of the application for cancellation of patta submitted by the second respondent within a period of six weeks from the date of receipt of a copy of this order after affording personal hearing to both the parties, who shall submit their records/documents. No costs. Consequently, connected Miscellaneous Petitions are closed. Speaking : Yes / No 03.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Zonal Deputy Tahsildar, NIlakottai Taluk, Dindigul District.

2.The Tahsildar, Nilakottai Taluk, Dindigul District.

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P.T.ASHA, J.

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