Madras High CourtWP(MD)/21423/2023disposed of

Kathiresan Chettiyar v. The District Revenue Officer

2023-09-01Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Kathiresan Chettiyar ... Petitioner Vs The District Revenue Officer, Pudukottai.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to entertain the petitioner's petition for impleadment in the Appeal Petition pending on the file of the respondent in Na.Ka.(No) T3/22765/2019 and dispose of the appeal in accordance with law.

For Petitioner : Mr.N.Balakrishnan For Respondent : Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

The petitioner claims that he is the owner of the land in S.No.65/1C to an extent of 11.48 acres. From this land, the petitioner 1/4

claims that 1.75 acres were already sold. During the UDR Scheme, the patta was granted in favour of Chinnaiya and three others. Challenging the same, one Perumal and 10 others have filed an appeal before the District Revenue Officer, Pudukottai and the same is pending. Since the petitioner is also claiming right over the subject property along with the said Perumal and 10 others has filed an application to implead himself as a party to the appeal proceedings and the application has not been considered so far. Hence, the petitioner is before this Court.

2.Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, who takes notice for the respondent submits that the application of the petitioner would be considered only after conducting a preliminary enquiry as to whether this petitioner is having any right in the property in dispute.

3.Recording the submission of the learned Additional Government Pleader, this writ petition is disposed of with a direction 2/4

to the respondent to conclude the enquiry as expeditiously as possible. If it is found that the petitioner is having right over the subject property, the petitioner's application for impleading himself in the appeal proceedings shall be considered, or else, the petitioner's application shall be considered as a separate appeal and a common order may be passed in accordance with law. No costs. 01.09.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn To The District Revenue Officer, Pudukottai.

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B.PUGALENDHI, J.

vrn Order made in 01.09.2023 4/4