Madras High CourtWP(MD)/13398/2017allowed

S.Sundarraj v. The Tahsildar

2017-09-01Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.13398 of 2017 and W.M.P(MD)Nos.10455 and 10456 of 2017 S.Sundarraj ..Petitioner Vs 1.The Tahsildar, Karur Taluk, Karur District.

2.R.Gunasekaran ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the impugned proceedings issued by the first respondent in Na.Ka.No.A4/4573/2017, dated 16.6.2017 and to quash the same as illegal, arbitrary and against the settled propositions of law.

For Petitioner : M/s.V.Balaji For Respondent-1 : Mr.G.Muthukannan Government Advocate For Respondent-2 : Mr.G.Thalaimutharasu

ORDER

Challenging the proceedings of the first respondent in Na.Ka.No.A4/4573/2017, dated 16.6.2017, the present Writ Petition is filed.

2.Heard Mr.V.Balaji, learned counsel for the Petitioner and Mr.G.Muthukannan, learned Government Advocate appearing for the first respondent and Mr.G.Thalaimutharasu, learned counsel appearing for the second respondent and perused the materials placed before this Court.

3.The Writ Petition is filed mainly contending that the application filed by the second respondent for grant of patta was already rejected by the first respondent by his order, dated 19.6.2016 and therefore, he has no jurisdiction to consider the second application.

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4.Mr.G.Thalaimutharasu, learned counsel appearing for the second respondent would submit that his client is ready to prefer an appeal against the order, dated 19.6.2016 and a direction can be issued to the appellate authority to dispose of the appeal within a time frame .

5.In view of the above said submission, this Writ Petition is allowed and the proceedings of the first respondent in Na.Ka.No.A4/4573/2017, dated 16.6.2017 is quashed. The second respondent is directed to prefer an appeal against the order of the first respondent dated 19.6.2016 before the Revenue Divisional Officer, Karur within a period of two weeks from today. On filing such an appeal, the the Revenue Divisional Officer, Karur is directed to dispose of the same on merits and in accordance with law, as expeditiously as possible, without raising the query of limitation.

6.With the above direction, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To The Tahsildar, Karur Taluk, Karur District.

Vsn RL/2C/2P/KP/SAR1/8/9/2017 W.P(MD)No.13398 of 2017 and W.M.P(MD)Nos.10455 and 10456 of 2017 01.09.2017 https://hcservices.ecourts.gov.in/hcservices/