Amuthan.N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25973 of 2022 N.Amuthan ... Petitioner vs.

1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Periyakulam, Theni District.

3.The Tahsildar, Andipatti Taluk, Theni District.

4.Jeyanthi ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to cancel the Patta No.4620 issued in favour of the 4th respondent for the property pertaining to S.No.93/4 to an extent of 2 acres situated at Kadamalaikundu Village, Aundipatti Taluk, Theni District by restoring the Patta, as per the proceedings issued by the 3rd respondent in 1/5

Na.Ka.No.3492/2014/P1 dated 21.05.2015, on the basis of the petitioner's representation dated 10.09.2022 within a time frame stipulated by this Court.

For Petitioner : Mr.M.Sridharan For R1 to R3 : Mr.A.Kannan Additional Government Pleader

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the 2nd respondent to cancel the Patta No.4620 issued in favour of the 4th respondent for the property pertaining to S.No. 93/4 to an extent of 2 acres situated at Kadamalaikundu Village, Aundipatti Taluk, Theni District by restoring the Patta, as per the proceedings issued by the 3rd respondent in Na.Ka.No.3492/2014/P1 dated 21.05.2015, on the basis of the petitioner's representation, dated 10.09.2022.

2. By consent of both parties, the writ petition itself is taken up for final disposal.

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3. The case of the petitioner is that he has given a detailed representation dated 10.09.2022, to the first respondent seeking to cancel the Patta issued in favour of the fourth respondent in respect of the property in S.No.93/4 to an extent of 2 acres situated at Kadamalaikundu Village, Aundipatti Taluk, Theni District. Subsequently, the first respondent sent a communication to the second respondent to take action by his proceedings in Na.Ka.No.87669/2022/D2, dated 15.09.2022 and the same is still pending. Hence, the present writ petition has been filed by the petitioner.

4. The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the petitioner's representation dated 10.09.2022, will be considered by the second respondent within a period of eight weeks.

5. Considering the submission made by the learned Additional Government Pleader, this Court, without expressing any opinion on the 3/5

merits of the matter, directs the second respondent to consider the petitioner's representation dated 10.09.2022 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

17.11.2022 akv To 1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Periyakulam, Theni District.

3.The Tahsildar, Andipatti Taluk, Theni District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P(MD)No.25973 of 2022 17.11.2022 5/5