M.Chinna Devar, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.2208 of 2017 1.M.Chinna Devar 2.M.Nagadevar 3.M.Muthudevar 4.M.Periyakaruppan 5.M.Sakkaraiyan ... Petitioners Vs.

1.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Theni District, Theni.

2.R.Ganesh Babu 3.M.P.Palani Kumar 4.M.Ratha Krishnan 5.V.Ayyappasamy 6.A.G.Francis ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent No.1 to cancel the pattas granted in the names of Respondent Nos.2 to 6 by Theni Thasildar in Patta No.826 the land in Survey NO.195/3 & 196/2 is situated at Allingaram Village, Theni District.

For Petitioners : Mr.T.Lajapathi Roy For R1 : Mr.T.S.Mohammed Mohideen Addl. Government Pleader

O R D E R

The petitioners seek for a direction to the first respondent to cancel the patta granted in the names of Respondent Nos.2 to 6 by Theni Thasildar in Patta No.826 the land in Survey Nos.195/3 & 196/2 is situated at Allingaram Village, Theni District.

2. Heard both sides.

3. It is seen that patta was granted by the Tahsildar, Theni and aggrieved against such grant of patta, the petitioners preferred an appeal before the first respondent only on 26.01.2017. Thus, it is seen that the petitioners are indirectly seeking for the disposal of the appeal pending before the first respondent said to have been filed only on 26.01.2017.

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4. Needless to say that this writ petition is highly a prematured one in view of the fact that the very appeal itself came to

be filed only on 26.01.2017 and that not even one month has passed from the date of such alleged presentation. Therefore, I consider that the present exercise of the petitioners is totally unwarranted as they have to wait for a reasonable time for the first respondent to act on the appeal.

5. In the result, this writ petition is dismissed as prematured. If the appeal is not disposed of by the first respondent, within a reasonable time, it is for the petitioners to seek remedy by filing a fresh petition at appropriate time. Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To The Revenue Divisional Officer, O/o. Revenue Divisional Office, Theni District, Theni.

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