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Madras High CourtWP(MD)/17245/2023disposed of

Nijamudheen.B v. The District Collector

2023-07-18Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD).No.17245 of 2023 B.Nijamudheen ... Petitioner Vs 1.The District Collector, Trichy Collector Office, Tiruchirappalli.

2.The Revenue Divisional Officer, O/o. Srirangam, Tiruchirappalli.

3.The Revenue Divisional Officer, O/o. Trichy Collector Office, Tiruchirappalli.

4.Alima Bevi

5. Naina Mohammed

6. Kamarunnisha

7. Shahul Hameed

8. Fathima Beevi

9. Abdul Raheem 1/6

10.Abdul Kani 11.Ayubkhan 12.Fathima Beevi 13.Kulanthai Raj 14.Iruthaiyamery ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent No.2 to dispose of the appeal filed by the petitioners under section 12 of Patta Passbook Act, which is pending without any further proceedings since the land in Old S. No. 295/RS85 in New S.No.276/1 which belongs to the Nainar Masjid but the Thasildar of Trichy District, transferred the patta illegally without knowledge of the petitioner and without considering the revenue records illegally issued patta to respondents 4 to 14.

For Petitioner : Mr.S.Mohamed Ali Jinnah For R1 to R3 : Mr.D.Farjana Ghoushia Special Government Pleader

O R D E R

The petitioner has filed an application under Patta Passbook Act on 06.05.2023 before the Revenue Divisional Officer to cancel the patta granted in favour of individuals for the properties of 2/6

Mohaideen Andavar Masjid,Trichy and filed this writ petition for a Mandamus to direct the second respondent to dispose of the petitioner's application within the time limit.

2.Mrs.D.Farjana Ghoushia, learned Special Government Pleader who takes notice for the respondents 1 to 3 submits that the petitioner has filed the application before the Revenue Divisional Officer, Trichy, whereas, the competent authority to decide the appeal filed by the petitioner is the Revenue Divisional Officer, Srirangam. Therefore, the application of the petitioner was identified and forwarded to the Revenue Divisional Officer, Srirangam on 12.05.2023.

3.From the submissions of the learned Special Government Pleader, it appears that instead of filing the appeal before the Revenue Divisional Officer, Srirangam, the petitioner has filed it before the 3/6

Revenue Divisional Officer, Trichy and the same has been forwarded to the Revenue Divisional Officer, Srirangam on 12.05.2023. It is not known whether the application has reached the concerned authority or not.

4.In view of the above, this writ petition is disposed of with a direction to the Revenue Divisional Officer, Srirangam to dispose of the application within a period of six weeks from the date of receipt of a copy of this order. The petitioner is at liberty to file a fresh application before the Revenue Divisional Officer, Srirangam, along with the necessary records, if any. No costs. 18.07.2023 NCC : Yes / No.

Index : Yes / No.

vrn 4/6

To 1.The District Collector, Trichy Collector Office, Tiruchirappalli.

2.The Revenue Divisional Officer, O/o. Srirangam, Tiruchirappalli.

3.The Revenue Divisional Officer, O/o. Trichy Collector Office, Tiruchirappalli.

5/6

B.PUGALENDHI, J.

vrn Order made in WP(MD).No.17245 of 2023 18.07.2023 6/6