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Madras High CourtWP(MD)/17429/2021disposed of

Ramu v. The District Collector

2021-09-28Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.17429 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD).No.17429 of 2021 Ramu ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

3.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

4.Chinnadurai

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to dispose the petitioner's appeal in O.Mu.No.A4/3494/2021 within the stipulated time fixed by this Court.

For Petitioner : Mr.G.Mathavan For R1 to R3 : Mr.P.Subbaraj Counsel for State

ORDER

The petitioner seeks the early disposal of the appeal filed before the Revenue Divisional Officer to cancel a patta issued to the fourth respondent.

2.The petitioner traces title to the property bearing S.No.259/2 of an extent of 21 ares through his father, namely, Lakshmana Servai. It is alleged that the fourth respondent has fraudulently obtained a patta in respect of the above property under Patta No.5615. Therefore, the petitioner filed an appeal before the second respondent for cancellation thereof on 14.07.2021. 3.Mr.P.Subbaraj, learned counsel for the State, accepts notice for respondents 1 to 3.

4.Given the limited scope of the present writ petition, it is https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.17429 of 2021 not necessary to enter findings on the merits thereof. The petitioner has enclosed a copy of the sale deed dated 31.07.1954 in terms of which his father is said to have acquired the relevant property. The patta issued to his father is also enclosed. 5.Accordingly, without going into the merits of the matter, the second respondent is directed to consider and dispose of the petitioner's appeal bearing O.Mu.No.A4/3494/2021 within a period of four (4) months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner, fourth respondent and any other persons who would be affected by the outcome of such appeal.

6.W.P.(MD).No.17429 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sn/sji 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, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

3.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

+1 CC to M/s.SPL.GP ( SR-30592[F] dated 29/09/2021 ) W.P(MD).No.17429 of 2021 28.09.2021 RD(6.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2