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Madras High CourtWP(MD)/13825/2023dismissed

Amalraj.D v. The District Collector

2023-06-14Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P.(MD)Nos.11656, 11716, 11730, 11731, 11732 and 11734 of 2023 W.P(MD)No.13825 of 2023 D.Amalraj ... Petitioner Vs.

1.The District Collector, Dindigul District.

2.The District Revenue Officer, Office of District Revenue Officer, Dindigul District.

3.The Revenue Divisional Officer, Dindigul, Dindigul District.

4.The Tahsildar, Dindigul East Taluk, Dindigul District.

5.A.G.Shankar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1 to 4 respondents not to transfer or issue any patta in favour of 5th respondent in respect of 1/4

petitioner's property in Dindigul District, Dindigul East Taluk, A.Vellodu Village, comprising survey number in S.No.11/5A extent about 0-2.39 hectares (2572 1/2 sq.ft) based on the petitioner's representation dated 9.3.2023. For Petitioners :

Mr.K.R.Manimaran For R1 to R4 :

Mr.D.Farjana Ghoushia Special Government Pleader COMMON ORDER All these writ petitions flow from an order dated 15.02.2023 in W.P(MD)No.19285 of 2022,(A.G.Shankar Vs The District Collector, Dindigul District, Dindigul and four others), wherein it had ordered as follows by order dated 15.02.2023:

"Heard the learned counsel on either side.

2.The petitioner wants this Court to direct the fourth respondent to survey the petition mentioned lands and based on the survey result issue independent patta. The prayer is not contested by the respondents. They only seek time. The said request made by the respondents cannot be rejected. I direct the fourth respondent to complete survey of the petition mentioned lands within a period of five months from the date of receipt of a copy of this order. Based on the survey result, patta shall be issued in favour of the petitioner immediately thereafter. 3.The writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petitions are closed. " 2/4

2. This Court cannot sit in appeal over the said order and cannot examine the nature of the order. If the petitioners are aggrieved, then necessary steps in accordance with law must be taken by him. I am not prepared to entertain these writ petitions and these writ petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 14.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn To 1.The District Collector, Dindigul District. 2.The District Revenue Officer, Office of District Revenue Officer, Dindigul District.

3.The Revenue Divisional Officer, Dindigul, Dindigul District. 4.The Tahsildar, Dindigul East Taluk, Dindigul District. 3/4

C.V.KARTHIKEYAN, J.

pnn W.P(MD)Nos.13825, 13884, 13899, 13900, 13901 and 13902 of 2023 and W.M.P.(MD)Nos.11656, 11716, 11730, 11731, 11732 and 11734 of 2023 14.06.2023 4/4