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Madras High CourtWP(MD)/2313/2019dismissed as infructuous

Dharmaraj, S/O.Marudhan Velar v. The District Collector,

2020-09-17Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.2313 of 2019 Dharmaraj

...Petitioner

Vs 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, 3.The Sub Collector, 4.The Tahsildar, Alangudi,

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 3rd respondent to direct the 4th respondent to cancel the illegal alienation at Pudukkottai District, Alangudi Taluk, Kaikurichi Village Punja Lands in Old Survey Nos.77/12B and 79/4, New Survey Nos.77/2 and 79/7 its extent respectively 1.21+0.82+2.03, acres=0.82.0 hec and grant joint patta to the petitioner and his siblings by considering the petitioner's representation dated 06.11.2018 within a period of stipulated time as fixed by this Court.

For Petitioner : Mr.S.Prasanna Rajadurai For Respondents : Mr.P.Kannidevan Additional Government Pleader

ORDER

This Writ Petition is filed for a direction to the 3rd respondent to direct the 4th respondent to cancel the illegal alienation made on the property in old S.Nos.77/12B and 79/4 (new S.Nos.77/2 and 79/7), situated at Kaikurichi Village, Alangudi 1/3

Taluk, Pudukkottai District and to issue joint patta to the petitioner and his siblings.

2.The grievance of the petitioner is that in respect of the petition mentioned property, though he preferred an appeal before the Revenue Divisional Officer, Pudukkottai for patta transfer, so far no action has been taken.

3.In reply, the learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the Revenue Divisional Officer, by proceedings dated 10.09.2020, had rejected the claim of the petitioner and dismissed the appeal preferred by the petitioner. He would further submit that if the petitioner is being aggrieved by the same, he can approach the 2nd respondent to seek his remedy by way of filing a revision. In this regard, the learned Additional Government Pleader has produced a copy of the proceedings of the Revenue Divisional Officer, Pudukkottai, in Ni.Mu.A4/4459/2020 dated 10.09.2020.

4.In view of the submission made by the learned Additional Government Pleader, nothing survives for further adjudication in the present writ petition and accordingly, the Writ Petition stands dismissed as infructuous. However, it is open to the petitioner to challenge the aforesaid rejection order dated 10.09.2020, if he is so advised. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, 2/3

3.The Sub Collector, 4.The Tahsildar, Alangudi, +1 CC to SPL GP ( SR-17398[F] dated 18/09/2020 ) +1 CC to Mr.NA. PALANIYANDI, Advocate (SR-17496[F] dated 21/09/2020 ) W.P.(MD) No.2313 of 2019 17.09.2020 VB (30.09.2020) 3P 7C 3/3