Shanmugam .Rm v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Rm.Shanmugam ... Petitioner Vs

1. The District Collector, O/o. the District Collector, Sivagangai, Sivagangai District.

2. The Revenue Divisional Officer, O/o. Revenue Divisional Office, Devakottai, Sivagangai District.

3. The Special Tahsildar, Town Settlement, Karaikudi.

4. Navaneetham @ Navaneetham Ammal ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to complete the enquiry and dispose the petitioners appeal in file No. Na.Ka. A1/ 289/2021 dated 18.01.2021 for the cancellation of patta and issue patta in favour of the petitioner for the property situated in Old 1/4

Town Survey No. 392 Part New Town Survey No.1392/14 consists of 12.5 Cents in House Plot No.309 situated at Karaikudi Block, Devakottai Taluk, Sivagangai District within stipulated time frame fixed by this Court.

For Petitioner : Mr.S.Vanchinathan For Respondents : Mr.B.Saravanan (R1-R3) Additional Government Pleader

ORDER

The petitioner seeks issuance of a writ of mandamus to direct 2nd respondent to complete the pending enquiry and dispose the petitioner's appeal in Na.Ka. A1/ 289/2021, dated 18.01.2021. 2.I have heard the learned counsel on either side and perused the materials available on record.

3.The case of the petitioner is that the petitioner has sought for cancellation of patta issued to the private respondent / 4th respondent and consequently, seeks for mutation of patta in the name of the petitioner. The matter is now pending with the 2nd respondent by way of appeal, dated 18.01.2021.

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4.Considering that the petitioner is a senior citizen and the appeal is pending for more than 4 years, this writ petition is allowed and direction is issued to the 2nd respondent to pass final orders in the petitioner's appeal on its own merits and in accordance with law, after affording an opportunity to the petitioner and 4th respondent. Such exercise shall be completed within a period of four weeks from the date of receipt of copy of this order. No costs.

13.02.2025 Index : Yes / No NCC : Yes / No PNM TO:-

1. The District Collector, O/o. the District Collector, Sivagangai, Sivagangai District.

2. The Revenue Divisional Officer, O/o. Revenue Divisional Office, Devakottai, Sivagangai District.

3. The Special Tahsildar, Town Settlement, Karaikudi.

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P.B. BALAJI , J.

PNM ORDER IN 13.02.2025 4/4