R. Pitchai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD) No.9154 of 2014 R.Pitchai ... Petitioner /vs./ 1.The District Collector, Collectorate Campus, Ramnad District.

2.Revenue Divisional Officer, RDO Office, Paramakudi, Ramnad District.

3.Tahsildar, Paramakudi, Ramnad District.

4.Village Assistant Officer, Parthibanur, Paramakudi Taluk, Ramnad District.

5.R.Dharmamuni ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 3rd and 4th respondents not to assess the tax receipt and issue the patta in favour of the 5th respondent in respect of in survey no.533/21 in Mela Parthibanur village, Paramakudi Taluk, Ramnad District till the partition effected among the petitioner and his family members. For Petitioner : Mr.C.S.Ravichandran For R1 to R4 : Mr.M.Prakash Additional Government Pleader For R5 : No appearance

ORDER

The writ petition is seeking for a Mandamus to direct the respondents 3 and 4 not to assess the tax receipt and issue patta in favour of the fifth respondent in respect of the property in S.No.533/21 in Mela Parthibanur village, Paramakudi Taluk, Ramnad District.

2.The learned counsel for the petitioner would submit that the petitioner by representation dated 09.04.2014 had approached the fourth respondent not to mutate the patta in favour of the fifth respondent herein in respect of S.No. 2/5

533/21. The said representation has also been acknowledged by the Office of the fourth respondent. The fifth respondent in spite of the notice has not appeared either himself or through a counsel.

3.Without adverting to the averments made in the affidavit filed in support of this writ petition, considering the limited relief sought for by the petitioner, the fourth respondent is directed to consider the representation of the petitioner dated 09.04.2014 and pass appropriate orders on merits and in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order. 4.With the above direction, the Writ Petition is disposed of. However, there shall be no order as to costs.

Speaking : Yes / No 09.01.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

To 1.The District Collector, Collectorate Campus, Ramnad District.

2.Revenue Divisional Officer, RDO Office, Paramakudi, Ramnad District.

3.Tahsildar, Paramakudi, Ramnad District.

4.Village Assistant Officer, Parthibanur, Paramakudi Taluk, Ramnad District.

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K.KUMARESH BABU, J.

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