Madras High CourtWP(MD)/343/2019disposed of

M.Muniasamy, v. The District Revenue Officer,

2019-04-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.343 of 2019 and W.M.P.(MD)No.279 of 2019 M.Muniasamy ... Petitioner Vs 1.The District Revenue Officer, Ramanathapuram, Ramanathapuram District.

2.The Revenue Divisional Officer /Sub Collector, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Tahsildar Office, Muthukulathur Taluk, Ramanathapuram District.

4.Jayachandren 5.Boominathan 6.Bharathi Raja ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus directing to call for the entire records pertaining to the second respondent passed by the impugned order for cancellation of patta against the petitioner proceedings vide Na.Ka.No. g/K/(gp3(2))/3981/2017 dated 17.09.2018 to set aside and quash the same as illegal.

For Petitioner : Mr.K.K.Samy For R1 to R3 : Mr.K.Mu.Muthu Additional Government Pleader For R6 : Mr.P.Gunasekara Pandian

ORDER

The petitioner questions the impugned order dated 17.09.2018 passed by the second respondent cancelling his patta. The impugned order has been passed at the instance of the sixth respondent. The petitioner's case is that he was not heard before passing of the impugned order by the second respondent.

2.When the matter was taken up for hearing, the learned counsel appearing for the sixth respondent wanted time to file his counter. But then the learned Government Advocate pointed out that questioning the impugned order passed by the second respondent, the https://hcservices.ecourts.gov.in/hcservices/

petitioner has already moved the first respondent by filing a petition on 28.09.2018.

3.The first respondent is yet to pass orders. The petitioner should necessarily await the outcome of the said proceedings. He cannot shift gear in the mid way.

4.Therefore, this writ petition is disposed of by directing the first respondent to pass orders on the revision petition dated 28.09.2018 submitted by the petitioner. The first respondent will ofcourse, hear the fifth and sixth respondents before passing final orders. The first respondent shall pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the matter.

5.Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The District Revenue Officer, Ramanathapuram, Ramanathapuram District.

2.The Revenue Divisional Officer /Sub Collector, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Tahsildar Office, Muthukulathur Taluk, Ramanathapuram District.

+1 CC to M/s.T.GUNASEKARAPANDIAN, Advocate ( SR-63897[F] dated 29/04/2019 ) +1 CC to M/s.K.K.SAMY, Advocate ( SR-64360[F] dated 30/04/2019 ) +1 CC to M/s.SPL GP ( SR-65015[F] dated 02/05/2019 ) W.P.(MD)No.343 of 2019 and W.M.P.(MD)No.279 of 2019 29.04.2019 CS: 16/05/2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/