Madras High CourtWP(MD)/5621/2022disposed of

Periyarajabhan.S v. The Revenue Divisional Officer

2022-03-30Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Periyarajabhan ... Petitioner Vs.

1. The Revenue Divisional Officer, The Revenue Divisional Office, Thiruchendur,

2. The Tahsildar, Thiruchendur Taluk,

3. A.Gomathi

4. A.Bala Murugan

5. Balammal

6. Subramanian

7. S.Periyasamy

8. C.Arunachalam

9. C.Pandaram

10. P.Poisolla Meyyan

11. S.Mariyal

12. P.Muthuselvi ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent No.1 to cancel the forged patta created by the Respondent Nos.3 and 12 in Patta Nos.826, 953, 954, 955, 956, 957, 966 situated in the land Survey No.46 / 1 in an extent of 5 Acre and 94 cents in Thannuthu Village, Eral Taluk, Thoothukudi District by considering the representation dated 10.02.2022 made by the petitioner.

For Petitioner : Mr.I.Pinaygash For Respondents 1&2 : Mr.B.Saravanan Additional Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for early disposal of the petitioner's statutory appeal on the file of the first respondent under Section 12 of the Patta Pass Book Act, 1986 [hereinafter referred to as 'the Act'].

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2.The petitioner has filed the statutory appeal under Section 12 of the Act on 10.02.2022. According to him, the Patta Nos.826, 953, 954, 955, 956, 957, 966 in respect of the property situated in Survey No.46 / 1 measuring an extent of 5 Acre and 94 cents in Thannuthu Village, Eral Taluk, Thoothukudi District are forged pattas and they have to be cancelled. In such circumstances, the petitioner has preferred the statutory appeal. 3.No prejudice would be caused if the petitioner's statutory appeal pending on the file of the first respondent with regard to the aforementioned pattas is considered on merits and in accordance with law and disposed of within a time frame to be fixed by this Court.

4.Accordingly, this Court directs the first respondent to pass final orders on the petitioner's statutory appeal filed under Section 12 of the Act in respect of Patta Nos.826, 953, 954, 955, 956, 957, 966 in respect of the land situated in Survey No.46 / 1 measuring an extent of 5 Acre and 94 cents in Thannuthu Village, Eral Taluk, Thoothukudi District based on the petitioner's representation dated 10.02.2022 within a period of four [4] months from the date of receipt of a copy of this order after affording a fair hearing to the petitioner and other necessary parties whom the first respondent deems fit to enquire.

5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

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

1. The Revenue Divisional Officer, The Revenue Divisional Office, Thiruchendur, 2/3

2. The Tahsildar, Thiruchendur Taluk, +1 CC to M/s.SPL GP ( SR-15703[F] dated 31/03/2022 ) ORDER MADE IN 30.03.2022 PA(13.04.2022) 3P 4C 3/3