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Madras High CourtWP(MD)/9966/2021dismissed as infructuous

Perumalsamy v. The Tahsildar

2024-03-26Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.9966 of 2021 and W.M.P.(MD)Nos.7664, 7667 and 10953 of 2021 Perumalsamy ... Petitioner Vs.

1. The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

2. The Zonal Deputy Tahsildar, Thiruvengadam Taluk, Tenkasi District.

3. Sethuraj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records of the impugned order passed by the second respondent in T.R.: 2021/0103/34/263989TR dated 28.04.2021 and quash the same as illegal. For Petitioner : Mr.R.J.Karthick For R1 & R2 : Mr.S.R.A.Ramachandran Additional Government Pleader For R3 : No appearance 1/4

O R D E R

The Writ Petition is directed against the patta transfer dated 28.04.2021 passed by the second respondent.

2. The learned counsel appearing for the writ petitioner would submit that since, without notice to the writ petitioner, the impugned order came to be passed, he has approached this Court with the present writ petition. He would further submit that during the pendency of the writ petition, the writ petitioner has also sent a complaint to the District Collector, Tenkasi District, who in turn, has forwarded the same to the concerned Revenue District Officer (RDO) and the same was considered as an appeal and he has passed an order dated 21.04.2023 setting aside the order passed by the second respondent dated 28.04.2021 and restored the patta in favour of the writ petitioner's father and that the writ petitioner has now challenged the order passed by the Revenue District Officer (RDO) before the District Revenue Officer (DRO) and the same is pending.

3. The learned counsel appearing for the writ petitioner would further submit that the District Revenue Officer (DRO) may be directed 2/4

to expedite the enquiry and pass orders within the time stipulated by this Court.

4. The learned Additional Government Pleader appearing for the respondents 1 and 2 has produced the copy of the enquiry notice sent by the District Revenue Officer (DRO), Tenkasi, dated 04.09.2023 with regard to the revision pending before him.

5. Recording the submissions made on either side, this Writ Petition is dismissed as infructuous. However, the District Revenue Officer (DRO), Tenkasi, is directed to expedite the enquiry and pass orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are closed. No costs. 26.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 3/4

K.MURALI SHANKAR, J csm To

1. The District Revenue Officer (DRO), Tenkasi.

2. The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

3. The Zonal Deputy Tahsildar, Thiruvengadam Taluk, Tenkasi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in W.P.(MD)No.9966 of 2021 and W.M.P.(MD)Nos.7664, 7667 and 10953 of 2021 Dated : 26.03.2024 4/4