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Madras High CourtWP(MD)/7351/2019disposed of

M.Ramar, v. The District Revenue Officer

2022-12-08Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.5863 and 14034 of 2019 M.Ramar ... Petitioner Vs.

1.The District Revenue Officer, Ramanathapuram District.

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

3.The Tahsildar,, Kadaladi Taluk, Ramanathapuram District.

4.The Inspector (Land Survey), Divisional Inspector Office, Paramakudi, Ramanathapuram District.

5.The Taluk Assistant Inspector ( Land Survey), Kadaladi Taluk, Ramanathapuram District.

6.The Inspector of Police, Perunali Police Station, Ramanathapuram District.

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7. R.Ponnuthevar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents No.3 to 6 Surveying / measuring lands in Old Survey No.112, New survey No.160/7 and 160/6 situated at T.Veppankulam village, Kadaladi Taluk, Ramanathapuram District, without affording an opportunity of hearing to the petitioner and considering the same on merits in accordance with law. For Petitioner : Mr.M.Mohamed Rafi For Respondents : Mr.M.Lingadurai, Spl. Government Pleader for R1 to R5.

Mr.B.Thanga Aravindh, Govt. Advocate (Crl. Side) for R6.

Mr.V.Thirumal for R7.

ORDER

Heard the learned counsel on either side.

2.There is a civil dispute between the petitioner and the seventh respondent. Patta is presently in the name of the seventh respondent. Seeking cancellation of the same, the petitioner has moved the Revenue Divisional Officer. The Revenue Divisional Officer, Paramakudi citing the pendency of this writ petition rejected the petitioner's request. Aggrieved by the same, the 2/6

petitioner has moved the District Revenue Officer, Ramanathapuram. At present, the proceedings between the petitioner and the seventh respondent are pending on the file of the first respondent. The first respondent is directed to conclude the same and pass final order on merits and in accordance with law after hearing both the parties within a period of twelve weeks from the date of receipt of a copy of this order. Based on the decision to be taken by the District Revenue Officer, Ramanathapuram, the Tahsildar, Kadaladi can take a decision on the seventh respondent's application for survey and measurement of the petition mentioned lands.

3.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 08.12.2022 Index : Yes / No Internet : Yes/ No ias 3/6

To:

1.The District Revenue Officer, Ramanathapuram District.

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

3.The Tahsildar,, Kadaladi Taluk, Ramanathapuram District.

4.The Inspector (Land Survey), Divisional Inspector Office, Paramakudi, Ramanathapuram District.

5.The Taluk Assistant Inspector ( Land Survey), Kadaladi Taluk, Ramanathapuram District.

6.The Inspector of Police,, Perunali Police Station, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

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