Madras High CourtWP(MD)/14760/2017dismissed

T.R.Kannan, v. The Revenue Divisional Officer

2024-10-21Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.11593 of 2017 1.T.R.Kannan 2.K.Gokul .. Petitioners Vs.

1.The Revenue Divisional Officer, Sivagangai District, Sivagangai.

2.The Tahsildar, 3.The Deputy Tahsildar, 4.T.R.Dhinakaran .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records relating to impugned pro order vide Na.Ka.No.A3/2189/2017 dated 21.06.2017

passed by the first respondent and the proceeding of the first respondent bearing Na.Ka.No.A3/2189/2017 dated 21.06.2017 quash the same. For Petitioners :

Mr.T.Antony Arul Raj For R1 to R3 :

Mr.D.S.Nedunchezhian Government Advocate For R4 :

Mr.T.S.R.Venkatramana

ORDER

In this writ petition, the petitioner challenges an interim order of stay that has been granted by the first respondent on 21.06.2017 that too when the first respondent has posted the enquiry in the representation made by the fourth respondent to the second respondent for the cancellation of patta on 05.07.2024.

2. From 21.06.2017 to date, there has been no further progress in the petition before the first respondent for cancellation of patta. It is open to the petitioners to make all the contentions that have now been made in this writ petition before the authorities concerned viz., the first respondent, where the relief sought for is cancellation of patta. At this

interim stage, this Court cannot go into the merits or otherwise of the case, as it would have a bearing on the order that is to be passed by the first respondent. Therefore, this Writ Petition is dismissed directing the petitioners to submit themselves to the enquiry to be conducted by the first respondent. The first respondent shall dispose of the appeal after hearing both parties and pass a speaking order. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

21.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Revenue Divisional Officer, Sivagangai District, Sivagangai.

2.The Tahsildar,

P.T.ASHA, J.

abr 3.The Deputy Tahsildar, Dated: 21.10.2024