Madras High CourtWP(MD)/24824/2016disposed of

S.Thangam v. The District Revenue Officer

2016-12-23Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.24824 of 2016 S.Thangam ... Petitioner Vs.

1.The District Revenue Officer, Tuticorin District, Tuticorin.

2.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3.The Tahsildhar, Ottapidaram Taluk, Tuticorin District.

4.N.Rabindranath ... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation/appeal petition submitted by the petitioner to cancel the patta No.1912 granted in favour of the fourth respondent in respect of land in Survey Nos.212 and 213 in Savarimangalam Village, Ottapidaram Taluk, Tuticorin District respectively and to issue separate patta in the name of the petitioner within a time frame fixed by this Court. For Petitioner : Mr.G.Sankaran For RR 1 to 3 : Mr.T.S.Mohammed Mohideen Additional Government Pleader

ORDER

The prayer in the Writ Petition is for a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation/appeal petition submitted by the petitioner to cancel patta No.1912 granted in favour of the fourth respondent in respect of land in Survey Nos.212 and 213 in Savarimangalam Village, Ottapidaram Taluk, Tuticorin District and to issue separate patta in the name of the petitioner within a time frame. 2.Though the Writ Petition has been filed with the aforesaid prayer, today, the learned counsel appearing for the petitioner submits that if this Court gives a direction to the respondents, https://hcservices.ecourts.gov.in/hcservices/

especially, the second respondent to consider and pass orders on the representation of the petitioner, dated 20.09.2016, the petitioner would be satisfied.

3.Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader accepts notice for the respondents 1 to 3. Since no order is passed prejudicial to the rights of the fourth respondent, notice to the fourth respondent is dispensed with. 4.Since the prayer sought for is innocuous in nature, as submitted by the learned counsel for the petitioner herein, this Writ Petition is disposed of with a direction, without going into the merits of the claim made by the petitioner, directing the second respondent to consider and pass orders on the representation of the petitioner, dated 20.09.2016 and before deciding the representation of the petitioner, it is needless to say that notice to be given to the petitioner as well as the fourth respondent and after hearing the views of both, final orders can be passed within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.

To 1.The District Revenue Officer, Tuticorin District, Tuticorin.

2.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3.The Tahsildhar, Ottapidaram Taluk, Tuticorin District.

+1CC to M/S.T.Chandrasekaran, Advocate, SR.No. 83050 +1CC to the Special Government Pleader, SR.No. 83563 W.P(MD)No.24824 of 2016 23.12.2016 ps AM/10.01.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/