Ganesan.C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.Ganesan ... Petitioner -vs1.The District Collector, Pudukottai District.

2.The District Revenue officer, Pudukottai District.

3.The Revenue Divisional officer, Ponnamaravathy Taluk, Pudukottai District.

4.The Thasildhar, Ponnamaravathy Taluk, Pudukottai District.

5.Andichi 6.Selva 7.Saroja 8.Sathappan 9.Natarajan 10.Meena 11.Sahul Hamed ... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to cancel the classification of the land in S.No.833 as Natham and inconsequence to cancel the patta for the land in S.No.833/1 to 833/7 given in the name of respondents 5 to 11 relating with the Chinna - Amarakandan Oorani, situated in Ponnamaravathi Taluk, Pudukottai District.

For Petitioner :

Mr.R.Suriyanarayanan For Respondents :

Mr.P.Thilak Kumar Additional Government Pleader 1/3

O R D E R

(Order of the Court was made by V.BHARATHIDASAN,J.) This writ petition has been filed for issuance of a Writ of Mandamus directing the respondents 1 to 4 to reclassify the land in S.No.833 and cancel the Patta granted in favour of the respondents 5 to 11.

2.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that challenging the order passed by the Tahsildar, classifying the land in S.No.833 and also granted patta in favour of the respondents 5 to 11, the petitioner has filed an appeal before the Revenue Divisional Officer, the third respondent herein. Pursuant to the appeal, the Revenue Divisional Officer also called for remarks from the concerned Tahsildar and so far no order has been passed and he will be satisfied, if the third respondent is directed to consider the petitioner's appeal and pass suitable orders. 3.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 4. 4.

Considering the nature of the order being passed in this writ petition, which will cause no prejudice to the respondents 5 to 11. Hence, notice to the respondents 5 to 11 is dispensed with. 5.Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the third respondent to consider the petitioner's appeal and pass suitable orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving opportunity to the petitioner as well as the respondents 5 to 11.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) akv 2/3

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The District Collector, Pudukottai District.

2.The District Revenue officer, Pudukottai District.

3.The Revenue Divisional officer, Ponnamaravathy Taluk, Pudukottai District.

4.The Thasildhar, Ponnamaravathy Taluk, Pudukottai District.

+1 CC to M/s.SPL.GP ( SR-29458[F] dated 17/09/2021 ) W.P.(MD) No.16629 of 2021 16.09.2021 MMS(CO)/RS (11.10.2021) 3P 6C 3/3