Thangapandian.R v. The Dist.Collector

W.P.(MD).No.11599 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.11599 of 2021 R.Thangapandian ... Petitioner Vs.

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The District Revenue Officer, Office of the District Revenue Officer, Collectorate Complex, Ramanathapuram.

3. The Tahsildar, Muthukulathur Taluk, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to expedite the proceeding under Na.Ka.B5/23528/2019, pertaining to rectification in the patta to the property under Survey No.55/7 and 56/5, Muthukulathur (East) Village, East Muthukulathur Group, Ramanathapuram District, by fixing time frame as deem fit by this Court.

For Petitioner : Mr.K.R.Laxman For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of Mandamus, directing the respondent to expedite the proceedings in Na.Ka.B5/23528/2019 and pass orders, within the time frame fixed by this Court.

2.The case of the petitioner is that the third respondent had issued patta in favour of one Krishna Thevar, who according to the petitioner, does not have any right or title over the property. Aggrieved by the same, the petitioner had filed an appeal before the second respondent, on 17.06.2019 and the same was taken on file in Na.Ka.B5/23528/2019. According to the petitioner, the second respondent even issued notice to the parties fixing the date of hearing, on 16.08.2019. The grievance of the petitioner is that there has been absolutely no progress in the appeal pending before the second respondent and hence, left with no other option, the present writ petition has been filed before this Court seeking appropriate directions.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.11599 of 2021 3.Heard Mr.K.R.Laxman, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate, appearing for the respondents.

4.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to afford opportunity to the petitioner and the above said Krishna Thevar and proceed further with the proceedings in Na.Ka.B5/23528/2019 and deal with the same on its own merits and in accordance with law and pass final orders, within a period of six weeks from the date of receipt of a copy of this order.

5.The petitioner is directed to make a fresh representation to the second respondent along with all relevant documents and also a copy of this order.

6.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CRL Side) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The District Revenue Officer, Office of the District Revenue Officer, Collectorate Complex, Ramanathapuram.

3. The Tahsildar, Muthukulathur Taluk, Ramanathapuram District.

+1 CC to M/s.SPL GP (SR-22563[F] dated 14/07/2021) W.P.(MD).No.11599 of 2021 13.07.2021 RC (23.07.2021) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2