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Madras High CourtWP(MD)/16807/2023disposed of

Podhumponnu v. The District Collector

2023-07-13Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Podhumponnu ... Petitioner Vs.

1. The District Collector, Sivagangai, 2.The District Revenue Officer, Sivagangai, 3.The Revenue Divisional Officer, Sivagangai, 4.The Tahsildar, Taluk Office, Thiruppuvanam, 5.Madurai Veeran 6.Muniyandi 7.Mareeswaran ...Respondents 1/5

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent No.3 to cancel the fraudulent patta Nos.246, 1432, 320 and 1648, issued in the name of the respondents 5 to 7 and also another one, namely, Pathervellai @ Adhimoolam, who is no more by the fourth respondent for the petitioner's family property of bearing Survey No.135/5, an extent on 0-19.50 ares, situated at Thiruppuvanam Pudhur, Thiruppuvanam Taluk, For Petitioner : Mr.R.Murugappan For Respondents :Mrs.D.Farjana Ghoushia, Special Government Pleader for R1 to R4

O R D E R

The petitioner claims that she has filed an appeal before the third respondent on 17.06.2023 to cancel the patta which has been granted in favour of the respondents 5 to 7. Without ascertaining the fact that the appeal has been numbered or not, immediately she has approached this Court on 10.07.2023 by way of filing the present writ petition within a period of 23 days, seeking a direction to the third respondent to cancel the patta issued in the name of the respondents 5 to 7. 2/5

2. Mrs.D.Farjana Ghoushia, the learned Special Government Pleader, who takes notice for the respondents 1 to 4, submits that the appeal is yet to be numbered. However, she confirms that the appeal has been preferred by the petitioner.

3. Considering the submissions made by the learned Special Government Pleader appearing for the respondents 1 to 4, this Writ Petition is disposed of, with a direction to the third respondent to conclude the enquiry and dispose of the appeal within a period of eight months from the date of receipt of a copy of this order. There shall be no order as to costs.

13.07.2023 Index: Yes/No Internet: Yes/No ssb 3/5

To

1. The District Collector, Sivagangai, 2.The District Revenue Officer, Sivagangai, 3.The Revenue Divisional Officer, Sivagangai, 4.The Tahsildar, Taluk Office, Thiruppuvanam, 4/5

B.PUGALENDHI, J.

ssb 13.07.2023 5/5