Madras High CourtWP(MD)/23484/2016disposed of

Samimuthu v. The Revenue Divisional Officer

2016-12-02Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.23484 of 2016 Samimuthu ... Petitioner Vs.

1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Dindigul.

2.The Tahsildar, Nilakottai Taluk Office, Dindigul District.

3.Mookan ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent herein to cancel the house site patta bearing No.1300 granted in favour of the third respondent by the second respondent on the basis of the petitioner's representation, dated 08.11.2016. For Petitioner : Mr.B.Jameel Arasu For RR 1 & 2 : Mr.K.P.Krishna Doss Government Advocate

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 and 2. 2.Since no adverse order is going to be passed against the third respondent, notice to the third respondent is dispensed with.

3.According to the petitioner, he is the owner of the property in Survey No.659/37 situated at Jambuthuraikottai Village. Subsequently, the patta has been transferred in favour of the third respondent. Hence, the petitioner filed an appeal before the first respondent/the Revenue Divisional Officer, Dindigul on 08.11.2016. The above said appeal is still pending with the first respondent and so far no order has been passed by the first respondent. Hence, the petitioner has filed the present Writ Petition.

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4.Taking into consideration the fact that the petitioner's appeal, dated 08.11.2016 is pending before the first respondent, the first respondent is directed to dispose of the appeal, dated 08.11.2016, after issuing notice to the petitioner as well as to the third respondent, and pass suitable orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Dindigul.

2.The Tahsildar, Nilakottai Taluk Office, Dindigul District.

+1cc to the Spl.Govt.pleader Sr.No.78959 +1CC to M/S.B.Jameel Arasu,Advocate, SR.No. 79259 W.P(MD)No.23484 of 2016 02.12.2016 ps rum/21.12.2016/2p/5c https://hcservices.ecourts.gov.in/hcservices/