M. Tharmar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR M.Tharmar ... Petitioner Vs.
1.The District Collector, Theni District, Theni.
2.The District Revenue Officer, Theni District, Theni.
3.The Revenue Divisional Officer, Periyakulam, Theni District.
4.The Thasildar, Theni Taluk Office, Theni District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the second and third respondents to consider the petitioner's appeal dated 01.03.2012 pending on the file of the third respondent, consequently direct the second and third respondents to restore the earlier Patta Nos.658, 659, 668 bearing in Survey Nos.145, 146, 157, 158 and 159 and which is the total extent as 21 acres 78 cents, which is situated at Seelayampatti Village, Theni Taluk, Theni District in the name of Ka.Pusari Kudumban and Ka.Kandha Kundumban within the time limit stipulated by this Court.
For Petitioner : Mr.A.D.Ganeshamoorthi For Respondents : Mr.Aayiram K.Selvakumar, Additional Government Pleader.
ORDER
Mr.A.D.Ganeshamoorthi, learned counsel on record for writ petitioner and Mr.Aayiram K.Selvakumar, learned Additional Government Pleader, who accepts notice on behalf of all four respondents are before this Court.
2.With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of. 1/6
3.Instant Writ Petition turns on a very narrow compass. Nucleus of this Writ Petition is a detailed application dated 01.03.2012 sent by writ petitioner to third respondent. This application is captioned as 'jdpg; gl;lh NfhUjy; tpz;zg;gk;'. Notwithstanding such a caption, learned counsel for writ petitioner submits that it is a statutory appeal under Section 12 of the 'Patta Pass Book Act, 1983 (Tamil Nadu Act 4 of 1986) (hereinafter referred to as 'said Act' for brevity). This Court does not express any opinion as to whether it qualifies as an appeal under said Act as third respondent has acted upon the same and issued as many as four enquiry notices which are as follows:
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4.'jdpg; gl;lh NfhUjy; tpz;zg;gk;' which according to writ petitioner is an appeal under Section 12 of the said Act is of the year 2012 and aforementioned enquiry notices are of the years 2016, 2017, 2017 and 2018 respectively. According to writ petitioner, matter is still pending with third respondent.
5.Learned State Counsel, who has accepted notice on behalf of respondents submitted that third respondent having issued enquiry notices will complete the process and carry it to its logical end as expeditiously as possible, if not already done. This is recorded. 6.It is also submitted that the aforesaid exercise will in any event to be completed within a period of eight weeks from the date of receipt of a copy of this order, obviously, after giving reasonable opportunity to all concerned, if there are others interested in the matter.
7.The proceeding / order of disposal shall be communicated by the office of the third respondent to the writ petitioner and others concerned (if any) under due acknowledgement within seven (7) 5/6
working days from the completion of aforesaid exercise. 8.Instant Writ Petition is disposed of with directions as above in the light of the aforesaid submissions of learned State Counsel. No costs.
Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) Ps ENCL: XEROX COPIES OF SCANNED IMAGES.
To 1.The District Collector, Theni District, Theni.
2.The District Revenue Officer, Theni District, Theni.
3.The Revenue Divisional Officer, Periyakulam, Theni District.
4.The Thasildar, Theni Taluk Office, Theni District.
+1 CC to M/s.SPL GP ( SR-94881[F] dated 30/10/2019 ) +1 CC to M/s.A.D.GANESHA MOORTHI, Advocate ( SR-94966[F] dated 30/10/2019 ) 25.10.2019 KK/SAR/06.11.2019/6P-7C/ 6/6