John Desosa.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.John Desosa ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Tahsildar, Madurai North Taluk, Madurai District.

` 4.Mukeshkumar 5.The Revenue Divisional Officer, Madurai.

... Respondents (Respondent No.5 is suo motu impleaded vide Order of this Court dated 19.12.2023 made in W.P.(MD).No.22750 of 2023) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd 1/4

respondent herein to cancel the patta No.1519 issued in favour of the 4th respondent for the property comprised in Survey No. 58/2A to an extent of 2,868 sq. ft, Plot No.5, situated at Sri Meenakshi Nagar, Mathur Village, Madurai North Taluk, Madurai District, by issuing the fresh patta to the petitioner on the basis of the petitioner's representation dated 31.07.2023 within time frame stipulated by this Court. For Petitioner : Mr.P.Krishnasamy For R-1 to R-3 : Mr.M.Sidharthan, Additional Government Pleader For R-4 : Mr.H.Mohammed Hussain

ORDER

The Revenue Divisional Officer, Madurai, is suo motu impleaded as the fifth respondent in this Writ Petition.

2. Heard the learned counsel on either side.

3. The petitioner seeks cancellation of the patta issued in favour of the fourth respondent.

4. The petitioner is permitted to file an appeal before the fifth respondent in this regard. The petitioner undertakes to file an 2/4

appeal before the fifth respondent within a period of two (2) weeks from the date of receipt of a copy of this order. The said appeal shall be entertained by the fifth respondent without reference to limitation. Within twelve (12) weeks after receipt of the appeal, the Revenue Divisional Officer, Madurai, shall pass final orders on merits and in accordance with law. The Revenue Divisional Officer has to necessarily put the fourth respondent as well as the other parties, if any, on notice. I make it clear that I am not gone into the merits of the matter.

5. The Writ Petition is disposed of accordingly. No costs. 19.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No TSG To 1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer Madurai District, Madurai.

3.The Tahsildar Madurai North Taluk, Madurai District.

4.The Revenue Divisional Officer, Madurai.

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G.R.SWAMINATHAN, J.

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