Krishnakumari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.14120 of 2023 Krishnakumari ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Devakottai, Sivagangai District.

4.The Tahsildar, Karaikudi Taluk, Sivagangai District.

5.The Village Administrative Officer, Chekkaalaikottai Village, Karaikudi Taluk, Sivagangai District.

6.Illuppakudi Devasthanam Kottaiyur Nattar Receiver, Karaikudi, Sivagangai District.

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(R6 is impleaded vide order dated 21.12.2023 in W.M.P.(MD)No.15127 of 2023) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the 4th respondent in TPT/112/2020 dated 24.09.2020 and quash the same and consequently issue patta. For Petitioners : Mr.R.Ranjitha For Respondents : Mr.V.Nirmal Kumar Government Advocate for R1 to R5

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the official respondents. The sixth respondent could not be served. However, considering the nature of relief to be granted, issuance of notice to the sixth respondent is dispensed with.

2. The petitioner applied for issuance of patta for the petition mentioned land. The Tahsildar, Karaikudi informed the Court that in view of the order passed by the Sub Collector, Devakottai on 15.10.2003, the petitioner's request cannot be complied with. Challenging the said memorandum dated 24.09.2020, the present writ petition came to be filed.

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3. The learned Government Advocate produced the copy of the communication issued by the Sub Collector, Tenkasi on 15.10.2003. Therefore, the impugned order cannot be faulted. The petitioner has to necessarily move the higher authority. The petitioner is permitted to file a petition before the second respondent. The second respondent will hear the petitioner as well as the sixth respondent and pass final order on merits and in accordance with law. Such an order shall be passed within a period of four months from the date of receipt of the application from the petitioner. I make it clear that I have not gone into the merits of the matter.

4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

21.03.2024 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

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G.R.SWAMINATHAN, J.

rmi 3.The Revenue Divisional Officer, Devakottai, Sivagangai District.

4.The Tahsildar, Karaikudi Taluk, Sivagangai District.

5.The Village Administrative Officer, Chekkaalaikottai Village, Karaikudi Taluk, Sivagangai District.

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