T. Saravanaperumal, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.13434 of 2015 T.Saravanaperumal .. Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai District, Madurai.

3.The Tasildhar, Madurai North Taluk, Y.Othakadai, Madurai District.

4.Ramakrishnan 5.Krishnan .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to cancel the fourth and fifth respondents name in the Patta No.313 in respect of Survey No.158/2, Kodikulam 1 Pit Village, Madurai District, by considering the petitioner's representation dated 15.07.2015 within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents 1 to 3 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

For Respondents 4 and 5 : No appearance

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the second respondent to cancel the names of the respondents 4 and 5 in Patta No.313 in respect of Survey No.158/2, Kodikulam 1 Pit Village, Madurai District, based on the petitioner's representation, dated 15.07.2015, within the period stipulated by this Court.

https://hcservices.ecourts.gov.in/hcservices/ 2.Heard both sides.

3.The case of the petitioner is that he purchased a property to an extent of 52 cents situates in Survey No.158/2, Kodikulam 1 Pit Village, Madurai District, through valuable consideration and after getting necessary approval and permission, he laid 16 plots and sold the same to various persons. While so, the respondents 4 and 5 fraudulently got joint patta to an extent of 42.50 Ares in Survey No.158/2, Kodikulam Village, Madurai District and made hindrance to the petitioner and also his vendees. In order to cancel their names in the patta, the petitioner made detailed representations right from 26.09.2012 to the second respondent. Since the same have not been considered so far, the petitioner is before this Court.

4.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that the parties have entered into compromise and on the basis of the averments made in the compromise deed, the writ petition may be closed. He also filed the compromise deed, dated 11.10.2017. 5.Recording the compromise deed, filed on the side of the petitioner, dated 11.10.2017, this writ petition is disposed of, directing the third respondent to pass appropriate orders on the basis of the terms mentioned in the compromise deed. The compromise deed, dated 11.10.2017, shall form part of this order. No costs.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar ENCL:-Xerox Copy of Compromise Deed is enclosed. To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai District, Madurai.

3.The Tasildhar, Madurai North Taluk, Y.Othakadai, Madurai District.

+1cc to Mr.A.HAJA MOHIDEEN,Advocate,SR.84965 +1cc to M/S.Special Government Pleader,SR. 85345 W.P(MD)No.13434 of 2015 02.11.2017 SMN KK/JC/SAR 1/15.11.2017/ 2P- 6C/ https://hcservices.ecourts.gov.in/hcservices/