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Madras High CourtWP(MD)/10266/2023disposed of

Thangaraj T v. The District Collector

2025-07-11Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR T.Thangaraj ...

Petitioner Vs 1 The District Collector, Theni District.

2 The District Revenue Officer, Theni District.

3 The Revenue Divisional Officer, Periyakulam, Theni District.

4 The Tahsildar, Theni.

5 Kandasamy Naidu ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 2nd respondent to dispose of the Appeal pending before the 2nd Respondent in O.Mu.No.D1/36585/2022, dated 07.09.2022.

For Petitioner :

Mr.K.Chengiz Khan For Respondents 1 to 4 : Mrs.S.Jeya Priya, Govt. Advocate.

For Respondent 5 : No appearance

ORDER

The petitioner herein seeks a direction to the second respondent to dispose of the Appeal pending on his file in O.Mu.No.D1/36585/2022, dated 07.09.2022.

2. It is the case of the petitioner that the fifth respondent herein filed an application before the fourth respondent, seeking transfer of patta in respect of the property situate in Survey No.108/2. The said application was rejected by the fourth respondent, on the ground that the prayer sought for by the fifth respondent cannot be granted in the light of the recitals found in settlement deed, dated 07.06.1935, executed by one Suruliandi Naidu. Aggrieved by the same, the fifth respondent filed an appeal before the third respondent. The third respondent, by his order, dated 25.09.2018, directed transfer of patta in the name of Kaliamman Temple. Aggrieved by the same, the petitioner herein filed a revision before the second respondent on 22.06.2022, seeking cancellation of patta transfer order and issuance of patta in his name.

The second respondent, in his proceedings in

O.Mu.No.D1/36585/2022, dated 07.09.2022, sought for report from the fourth respondent. Thereafter, there is no progress. Hence, the petitioner has come before this Court.

3. The Government Advocate, who takes notice for respondents 1 to 4, would submit that the appeal filed by the petitioner will be disposed of by the second respondent in accordance with law.

4. In view of the same, without expressing any opinion on the merits of the matter, the second respondent is directed to complete the enquiry in his proceedings in O.Mu.No.D1/36585/2022, dated 07.09.2022, and dispose of the appeal filed by the petitioner, dated 22.06.2022, within a period of twelve weeks from the date of receipt of copy of this order, after issuing notice to petitioner, fifth respondent, and other interested parties, if any. Since no adverse order is passed against the fifth respondent, notice to him is dispensed with.

5. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, the connected W.M.P.(MD) No.12496 of 2024 is closed. 11.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1 The District Collector, Theni District.

2 The District Revenue Officer, Theni District.

3 The Revenue Divisional Officer, Periyakulam, Theni District.

4 The Tahsildar, Theni.

S.SOUNTHAR, J.

dixit 11.07.2025