Ramaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Ramaiah ... Petitioner Vs.

1.The District Collector Thoothukudi District, Thoothukudi.

2.The District Revenue Officer Thoothukudi District, Thoothukudi.

3.The Revenue Divisional Officer, Kovilpatti Taluk, Thoothukudi District.

4.The Tahsildar Ottapidaram, Kovilpatti Taluk, Thoothukudi District.

5.Sasikala ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of 1/5

India praying to issue a Writ of Mandamus directing the third respondent to cancel the patta given in the name of fifth respondent in S.No. 22/6 in Patta No.493 by considering the petitioner's Appeal dated 13.12.202. For Petitioner : M/s.M.Anantha Devi For Respondents : Mr.J.Ashok - for R1 to R4 Additional Government Pleader

O R D E R

The writ petition has been filed in the nature of a Mandamus seeking a direction against the third respondent to examine the appeal dated 13.12.2022 filed by the petitioner herein and dispose it of. The entire issue surrounds lands in Survey No.22/6, patta No.493 in Govindapuram Village, Ootapidaram Circle, Tuticorin District.

2. There was an earlier suit filed by the petitioner herein in O.S.No.51 of 2017 before the Principal District Court, Tuticorin. The suit was decreed. Thereafter, the defendant therein filed A.S.(MD)No.19 of 2020 which is now pending before this Court. Pending the appeal, the 2/5

Tahsildar appears to have mutated the names in the revenue records. Aggrieved by the same, the petitioner had filed an appeal before the third respondent / Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3. The third respondent may examine the appeal papers, issue notice to all concerned and including the petitioner and more importantly, also to Sasikala daughter of Jeyaraman, Kovilpatti Taluk, Thoothukudi District and thereafter, come to a considered decision, taking into consideration the fact that A.S.(MD)No.19 of 2020 is still pending before this Court. Necessary orders to be passed by the third respondent, within a period of sixteen (16) weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition stands disposed of. No costs.

23.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm 3/5

To 1.The District Collector Thoothukudi District, Thoothukudi.

2.The District Revenue Officer Thoothukudi District, Thoothukudi.

3.The Revenue Divisional Officer, Kovilpatti Taluk, Thoothukudi District.

4.The Tahsildar Ottapidaram, Kovilpatti Taluk, Thoothukudi District.

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C.V.KARTHIKEYAN, J.

rm 23.03.2023 5/5