Madras High CourtWP(MD)/20444/2021disposed of

Nagarajan.L v. The Revenue Divisional Officer

2021-11-16Honourable Mr Justice C.V. Karthikeyan2 pages

W.P(MD)No.20444 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.20444 of 2021 L.Nagarajan ... Petitioner Vs.

1.The Revenue Divisional Officer, Dindigul.

2.The Tahsildar, Aathoor Taluk, Dindigul District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first Respondent to give the petitioner a personal hearing while dealing with his appeal dated 12.10.2021 preferred against the issuance of Patta Vide Patta No.1876 and 5365 in respect of the property situated in Survey No.187/4, 187/5 and 187/7, Ambathurai Village, Aathoor Taluk, Dindigul District, under section 12 of the Patta Passbook Act, 1983.

For Petitioner : Mr.P.Saravanan for Mr.R.Anand For Respondents : Mr.S.Shanmugavel Additional Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.An appeal has been preferred by the petitioner herein on 12.10.2021 questioning the issuance of Patta Nos.1876 and 5365 with respect to property situated in Survey Nos.187/4, 187/5 and 187/7 in Ambathurai Village, Aathoor Taluk, Dindigul District. The said appeal has been preferred under section 12 of the Patta Passbook Act, 1983.

3. Though the prayer is innocuous nature of relief, claiming that the right of hearing must be granted to the petitioner, Mr.S.Shanmugavel, learned Additional Government Pleader points out that the representation or rather the prayer sought in the appeal is to cancel the patta granted.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.20444 of 2021 4.I am confident that the Revenue Divisional Officer, Dindigul would follow the principles as required while hearing any appeal and the petitioner would also be granted the same opportunity of hearing as is offered to every other appellant or the petitioner by the Revenue Divisional Officer. Let him follow the normal process of hearing an appeal and pass necessary orders. 5.With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The Revenue Divisional Officer, Dindigul.

2.The Tahsildar, Aathoor Taluk, Dindigul District +1 CC to M/s.SPL GP ( SR-34738[F] dated 17/11/2021 ) W.P(MD)No.20444 of 2021 16.11.2021 svn(CO) TR/SKN(25.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2