M/S.T.Subbareddiyar v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15640 of 2019 T.Subba Reddiyar ... Petitioner -Vs1.The District Revenue Officer, Tuticorin District, Tuticorin.

2.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3.The Tahsildar, Ottapidaram Taluk, Tuticorin District.

4.N.Ramar ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 1st respondent to consider the representation submitted by the petitioner on 13.06.2019 to cancel the patta granted in favour of respondent No.4 in respect of land in S.No.234, 244/1, 244/2, Melapandiapuram Village, Ottapidaram Taluk, Tuticorin District respectively and to issue the patta in the name of the petitioner, within a time frame to be fixed by this Court.

For Petitioner : Mr.T.Chandrasekaran For Respondents : Mr.M.Rajarajan, G.A. For RR1-3

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the 1st respondent to consider the representation submitted by the petitioner on 13.06.2019, to cancel the patta granted in favour of respondent No.4 in respect of land in S.No.234, 244/1, 244/2, Melapandiapuram Village, Ottapidaram Taqluk, Tuticorin District respectively and to issue the patta in the name of the petitioner, within a time frame to be fixed by this Court. 2.Heard Mr.T.Chandrasekaran, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents 1 to 3. Since no adverse order is going to be passed against the 4th respondent, notice to him is dispensed with.

https://hcservices.ecourts.gov.in/hcservices/ 3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.

4.The petitioner, in order to cancel the patta allegedly given to the 4th respondent in respect of the land in S.No.234, 244/1, 244/2, Melapandiapuram Village, Ottapidaram Taqluk, Tuticorin District, has given an appeal on 13.06.2019 to the 2nd respondent. Hence, the learned counsel appearing for the petitioner wants that, the said appeal be decided by the 2nd respondent on merits, within a time frame.

5.I have heard the learned Government Advocate appearing for the respondents 1 to 3, who would submit that, the said appeal filed by the petitioner dated 13.06.2019 would be considered by the 2nd respondent, on merits and in accordance with law, within a time frame.

6.In view of the innocuous prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following direction:

"The 2nd respondent is directed to consider the appeal filed by the the petitioner dated 13.6.2019 and pass orders thereon, on merits and in accordance with law, of course, after hearing both the petitioner as well as the 4th respondent, by sending separate notices to them and final order shall be passed within a period of six weeks from the date of receipt of a copy of this order." 7.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Revenue Officer, Tuticorin District, Tuticorin.

2.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3.The Tahsildar, Ottapidaram Taluk, Tuticorin District.

+1 CC to Mr.T.CHANDRA SEKARAN, Advocate SR-75221. Order made in W.P.(MD)No.15640 of 2019 Dated:

15.07.2019 CS(04.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/