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Madras High CourtWP(MD)/5097/2022disposed of

Dhanapaul v. The District Revenue Officer

2022-03-23Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.5097 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.5097 of 2022 Dhanapaul ... Petitioner Vs.

1. The District Revenue Officer, Karur, Karur District.

2. The Revenue Divisional Officer, Kulithalai Taluk, Karur District.

3. The Tahsildar, Kulithalai Taluk, Karur District.

4. Erachi

5. Ejammal

6. Sivaraj ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st Respondent to cancel the Patta issued in the Petitioner family properties bearing Survey Nos. 137/4, 136/4, situated at Ponnampatty, Porunthalur, Kulithalai Taluk, Karur District, to the Respondents 4 to 6, during UDR Scheme are mistakenly Sub - Divided i.e., Survey No. 137/4 Sub - divide as Survey No.137/41A1 - 0.63.41 ares - Patta No. 706, Survey No.136/4 Sub - divide as Survey No. 136/4B - Patta No.1561, and Survey No.137/4 Sub divide as Survey No.137/4B - Patta No.17.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.B.Saravanan Additional Government Pleader for R1 to R3

O R D E R

This writ petition has been filed seeking for early disposal of the statutory appeal filed by the petitioner pending on the file of the first respondent aggrieved by the issuance of patta in the name of respondents 4 to 6.

2.According to the petitioner, he preferred the statutory appeal before the first respondent on 12.08.2021, aggrieved by the issuance of patta in the name of the respondents 4 to 6. The petitioner seeks for early disposal of the appeal. It is also the contention of the petitioner that based on the judgment and decree dated 07.11.2016, passed in O.S.No.144 of 2015 by the District https://hcservices.ecourts.gov.in/hcservices/ 1/

W.P.[MD]No.5097 of 2022 Munsif Court, Kulithalai, he is entitled for a patta in his name. According to the petitioner, the judgment and decree passed in the aforementioned first appeal has attained finality. 3.No prejudice would be caused to the first respondent if the statutory appeal filed by the petitioner pending on the file of the first respondent is disposed of expeditiously after affording a fair hearing to the petitioner and the respondents 4 to 6 and any other necessary party whom the first respondent deems fit to enquire. 4.For the foregoing reasons, this Court directs the first respondent to pass final orders on the petitioner's statutory appeal dated 12.08.2021 after affording a fair hearing to the petitioner and the respondents 4 to 6 as well as any other necessary party whom the first respondent deems fit to enquire within a period of four [4] months from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To

1. The District Revenue Officer, Karur, Karur District.

2. The Revenue Divisional Officer, Kulithalai Taluk, Karur District.

3. The Tahsildar, Kulithalai Taluk,Karur District.

+1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-14155[F] dated 24/03/2022 ) +1 CC to M/s.SPL GP ( SR-14343[F] dated 24/03/2022 ) W.P.[MD]No.5097 of 2022 23.03.2022 NSN(CO) KB(05.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/