Sankar.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI WP(MD)No.17339 of 2023 and W.M.P.(MD)Nos.14530 & 23484 of 2023 & 1363 of 2024 Sankar.P ... Petitioner Vs.

1. The District Collector Collectorate Campus, Dindigul,

2. The District Revenue Officer O/o. the District Revenue Office, Dindigul, Dindigul District.

3. The Revenue Divisional Officer, O/o. the Revenue Divisional Office, Palani, Dindigul District.

4. The Thasildhar O/o. the Thasildhar, Ootanchatram,

5. Veerappa Gounder

6. Selvarani 1/6

7.Vijayalakshmi 8.Sivakumar 9.Palanichamy (R6 to 9 are impleaded vide order dated 24.04.2025 in W.M.P.(MD)No.19399 of 2024 ) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 4th respondent in his proceedings in Na.Ka.No.1755/2023/E1 dated 19.05.2023 and quash the same as illegal and consequentially to direct the respondents to restore the patta in the favour of the petitioner within the period that may be stipulated by this Court.

For Petitioner : Mr.V.Karthik Raja for M/s.Ajmal Associates For Respondents : Mr.K.Malathi Additional Government Pleader for R1-4 : Mr.K.K.Samy for R5-9

ORDER

I have heard the heard counsel on either side. 2/6

2. Though the fifth respondent has filed a petition to vacate the interim stay, the learned counsel appearing for the 5th respondent would fairly submit that even though the 5th respondent was issued patta only based on the judgment and decree of the competent Court, as well as the dismissal of the obstruction petition filed by the petitioner, no opportunity was given to the writ petitioner before the impugned order came to be passed and he would therefore submit that on this limited ground the impugned order can be set aside and the matter be remitted to the fourth respondent, for fresh consideration, in a time bound manner.

3. In view of the fair submission of the learned counsel for the fifth respondent, the impugned order is set aside and the matter is remitted to the fourth respondent, for hearing the matter afresh and consider the claims of the petitioner as well as the fifth respondent / legal heirs of the fifth respondent and pass final orders on merits and in accordance with law, within a period of eight weeks from the date of a receipt of a copy of this order.

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4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

24.04.2025 Internet : Yes/No Index : Yes/No NCC : Yes/No LS To

1. The District Collector Collectorate Campus, Dindigul,

2. The District Revenue Officer O/o. the District Revenue Office, Dindigul, 4/6

3. The Revenue Divisional Officer, O/o. the Revenue Divisional Office, Palani,

4. The Thasildhar O/o. the Thasildhar, Ootanchatram, 5/6

P.B. BALAJI , J.

LS Order made in Dated:

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