Madras High CourtWP(MD)/20748/2017disposed of

P.Sakthi, S/O.C.Palanichamy v. The Revenue Divisional Officer

2017-11-10Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20748 of 2017 P.Sakthi ... Petitioner Vs.

1. The Revenue Divisional Officer, Iluppur Taluk, Pudukkottai District.

2. The Tahsildar, Iluppur Taluk, Iluppur, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to dispose the appeal filed by me in O.Mu.A3/4833/2017, dated 30.08.2017 in a time bound manner. For Petitioner : Mr.V.Selva For Respondents : Mr.M.Alagathevan Special Government Pleader

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus directing the first respondent to dispose the appeal filed by the petitioner in O.Mu.A3/4833/2017, dated 30.08.2017 in a time bound manner.

2.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3.According to the petitioner, he is having the property in survey No.284/4 situated at Annavsal, Pudukottai District. Alleging that some third parties by creating forged documents obtained patta in respect of the property, the petitioner filed an application on 30.08.2017 to cancel the same. Thought it was taken on file in O.Mu No.A3/4833/2017, no order is passed. Hence, the petitioner is before this Court.

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4.Heard both sides.

5.On perusal of the typed set of papers which clearly reveals that this Court, in WP(MD)No.19556 of 2017 filed by the very same petitioner for the very same relief as sought in the instant case, has passed an order on 24.10.2017 and the relevant portion is as follows:

"4.Considering the facts and circumstances of the case, this Court, without going into the merits of the matter, directs the first respondent to dispose the appeal filed by the petitioner in O.Mu.A3/4833/2017 within a period of twelve weeks from the date of receipt of a copy of this order, after giving due opportunity to the petitioner and any of the interested parties"

5.When such being the case, this Court is of the firm view, that the present writ petition is not at all maintainable and is liable to be dismissed.

6.The writ petition is accordingly dismissed. No costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Revenue Divisional Officer, Iluppur Taluk, Pudukkottai District.

2. The Tahsildar, Iluppur Taluk, Iluppur, Pudukkottai District.

+ 1 cc TO Mr.V.Selva , Advocate in SR No. 86940 dsk AE/MR KKR/SAR4/28.11.2017/2P/4C ORDER MADE IN W.P(MD)No.20748 of 2017 10.11.2017 https://hcservices.ecourts.gov.in/hcservices/