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Madras High CourtWP(MD)/1985/2017disposed of

H.Sulthan Khan, v. The District Revenue Officer,

2017-02-06Honourable Mr Justice K. Ravichandrabaabu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 06.02.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.1985 of 2017 H.Sulthan Khan, ..Petitioner Vs 1.The District Revenue Officer, Madurai, 2.The Revenue Divisional Officer, Madurai, 3.The Tahsildhar, Madurai North Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue of Writ of Mandamus to directing the 1st respondent to complete the enquiry and pass orders pursuant to the order passed by the 2nd respondent dated 16.09.2016 in her proceedings in Na.Ka.No.1488/12/N dated:06.03.2012 relating to restoration of Old Patta Nos:344, 660 (New Patta Nos:412,311) in old SF.Nos.209/1, 209/5, 210/3, 210/1, 219/7, 227/5(New SF.Nos.

68/1, 68/5A, 5C, 69/1, 78/7 69/3A, 3C, 86/5) in Madurai North Taluk, Sirudhur Village, Madurai District and consequently directing the 3rd respondent to issue joint patta in the name of the petitioner's mother and others as it was existence in the earlier joint patta and pass appropriate orders within the time frame fixed by this Honourable Court. For Petitioner : Mr.S.Mohamed Kadhar For Respondent : Mr.T.S.Mohammed Mohideen Addl.

ORDER

The Petitioner seeks for a mandamus, directing the first respondent to complete the enquiry and pass orders, pursuant to

the order passed by the second respondent, dated 16.09.2016, relating to restoration of old patta Nos:344, 660(New Patta Nos:412,311) in old SF.Nos.209/1, 209/5, 210/3, 210/1, 219/7, 227/5(New SF.Nos.68/1, 68/5A, 5C, 69/1, 78/7 69/3A, 3C, 86/5) in Madurai North Taluk, Sirudhur Village, Madurai District 2.Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader takes notice for the respondents.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.It appears that in respect of issuance of patta, a proceeding is pending before the first respondent, which according to the petitioner, has not been completed sofar. 5.Needless to say that if any such proceedings is pending before the first respondent, it is for him to consider and decide the same on merits and in accordance with law, after hearing all the parties concerned.

6.Therefore, without expressing any view on the merits of the claim made by the Petitioner, I only direct the first respondent to dispose of the proceedings pending before him, arising out of the order passed by the second respondent, dated 16.09.2016, after giving due opportunity of hearing to all the parties concerned, on merits and in accordance with law. Such exercise shall be done by the first respondent within a period of twelve weeks from the date of receipt of a copy of this order. 7.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(C) /True Copy/ Sub Assistant Registrar vs To 1.The District Revenue Officer, Madurai, 2.The Revenue Divisional Officer, Madurai,

3.The Tahsildhar, Madurai North Taluk, +1cc to Spl.Government Pleader Sr.No.6615 +1cc to Mr.S.Mohamed Kadhar,Advocate Sr.No. 6225 JAM/20.02.17 /SV-MMS/ 3p-6c W.P(MD)No.1985 of 2017 06.02.2017