Askar v. The Revenue Divisional Officer/Sub Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.06.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.17144 of 2025 Askar ... Petitioner .Vs.

1.The Revenue Divisional officer/Sub-Collector, Tuticorin.

2.Salvier, 3.Ilangovan 4.Mejella Kumasri ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to dispose the pending unnumbered Patta Appeal, dated 254.05.2025 in a fair manner within the time stipulated by this Court. For Petitioner : Mr.A.Arun Ramnath For Respondent-1 : Mr.M.Gangatharan Government Advocate 1/5

O R D E R

The Petitioner herein seeks a direction to the first respondent to dispose the appeal preferred by the Petitioner on 24.05.2025 seeking cancellation of patta issued in the name of private respondents and for restoration of patta in the name of Petitioner. 2.Mr.M.Gangatharan, learned Government Advocate takes notice for the first respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.According to the Petitioner, the property situated in S.Nos. 659/2A, 2B and 2C of Mullakadu part-II Village, Thoothukudi Taluk and District originally belong to the Petitioner's father Rathina Sabapathy and his brothers Samboorna Sabapathy, Sudarsanam and Ilangovan. The names of the private respondents were inserted in the patta for the subject property without any legal basis. Therefore the Petitioner submitted an appeal before the first respondent on 24.5.2025 seeking deletion of the names of private respondents in the patta for the subject 2/5

property. The same has not been considered till date. Hence the Petitioner has come before this Court with the present Writ Petition for the relief stated supra.

4.Mr.M.Gangatharan, learned Government Advocate, who takes notice for the first respondent would submit that the appeal filed by the Petitioner will be considered in accordance with law, within the time stipulated by this Court.

5.In view of the same, without expressing any opinion on the merits of the matter, the first respondent is directed to consider the appeal filed by the Petitioner on 24.05.2025 and pass final orders on its own merits after issuing notice to the Petitioner, respondents 2 to 4 and other interested parties, if any, within a period of 12 weeks from the date of receipt of a copy of this order.

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

25.06.2025 3/5

NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To The Revenue Divisional officer/Sub-Collector, Tuticorin.

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S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.17144 of 2025 25.06.2025 5/5