Madras High CourtWP(MD)/14537/2022disposed of

Sureshkumar.R v. The District Revenue Officer

2022-08-26Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.14537 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14537 of 2022 R.Sureshkumar ... Petitioner Vs.

1. The District Revenue Officer, District Collector Office, Tiruchirappalli - 620 001.

2. The Revenue Divisional Officer, Old District Collector Office, Near to Post Office, Tiruchirappalli - 620 001.

3. M.Rajagopal ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to conduct a detailed enquiry on the petitioner's representation / revision dated 30.03.2022 and to dispose the same within a time fixed by this Court. For Petitioner : Mr.J.Senthil Kumaraiah For R-1 & R-2 : Mr.M.Sarangan, Additional Government Pleader.

For R-3 : Mr.Shankar Murali * * * 1/4

2 W.P.(MD)NO.14537 OF 2022

O R D E R

Heard the learned counsel on either side.

2. The petitioner seeks issuance of patta for the petition mentioned property. The learned counsel appearing for the third respondent submits that he filed O.S.No.1240 of 2011 on the file of the Additional District Munsif, Thiruchirappalli and that the case eventually ended in his favour in S.A.(MD)No.399 of 2019 vide Judgment dated 27.06.2022. When this Court had already declared that the petition mentioned property is a public road, it is not open to the first respondent to grant patta in favour of the writ petitioner.

3. The petitioner's counsel would assert that the property covered in S.A.(MD)No.399 of 2019 and the property covered in the present writ petition are different. The first respondent is therefore mandated to consider the writ petitioner as well as the third respondent and also all the materials on record and thereafter take action on merits and 2/4

3 W.P.(MD)NO.14537 OF 2022 in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

4. I make it clear that the I have not gone to the merits of the matter. The first respondent shall hear the Corporation before passing final order. It is open to the first respondent to pass order one way or the other. This writ petition stands disposed of. No costs.

26.08.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The District Revenue Officer, District Collector Office, Tiruchirappalli - 620 001.

2. The Revenue Divisional Officer, Old District Collector Office, Near to Post Office, Tiruchirappalli - 620 001.

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4 W.P.(MD)NO.14537 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.14537 of 2022 26.08.2022 4/4