Pathinetu Mottaiyar Pallivasal Trust v. The District Revenue Officer

W.P.(MD).No.12225 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.12225 of 2021 Pathinetu Mottaiyar Pallivasal Trust, Represented through its Managing Trustee, S.Mohamed Abdul Kadar ... Petitioner Vs.

1. The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

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

3. The Tahsildar, Keelakarai Taluk, Ramanathapuram District.

4. Usvathul Hasana Muslim Association, Mela Street, Keelakarai, Ramanathapuram District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the first respondent herein to expedite his proceedings of cancel the patta granted in the name of the fourth respondent herein on the basis of the Application given by the petitioner dated 05.01.2021 and 22.06.2021 respectively within stipulated time fixed by this Court. For Petitioner : Mr.T.Veerakumar For R-1 to R-3 : Mr.M.Lingadurai, Government Advocate

ORDER

This writ petition has been filed for the issue of a Writ of Mandamus, directing the first respondent to consider the application submitted by the petitioner on 05.01.2021 and expedite the proceedings and pass orders within a time frame fixed by this Court.

2.The case of the petitioner is that the patta with respect to the subject properties was standing in the name of the petitioner Trust. Thereafter, it was changed to the name of the fourth respondent by the second respondent through proceedings dated 27.10.2005. Aggrieved by the same, the petitioner had filed an application before the first respondent on 05.01.2021. Since no enquiry was conducted, the present Writ Petition has been filed before this Court seeking for appropriate directions. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.12225 of 2021

3. Heard Mr.T.Veerakumar, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents 1 to 3.

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 first respondent to deal with the application submitted by the petitioner Trust on 05.01.2021 after affording opportunity to the petitioner and the fourth respondent and deal with the same on its own merits and in accordance with law and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order.

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

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

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Revenue Officer, Ramanathapuram District, Ramanathapuram.

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

3. The Tahsildar, Keelakarai Taluk, Ramanathapuram District.

+1 CC to M/s.SPL GP ( SR-23502[F] dated 22/07/2021 ) W.P.(MD).No.12225 of 2021 20.07.2021 AC(CO) KB(03.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2