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Madras High CourtWP(MD)/19483/2017disposed of

Rama.Muthathal Achi, v. The District Collector,

2020-03-17Honourable Mr Justice P.D.Audikesavalu2 pages

W.P.(MD)No.19483 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2020 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.19483 of 2017 and W.M.P.(MD)Nos.15786 of 2017 and 4053 of 2018 Rama.Muthathal Achi ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Pudukkottai District, Pudukkottai.

3.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the Second Respondent in his proceedings Ni.Mu.Aa3/16994/2015 dated 06.06.2017 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently directing the respondents to issue the patta in respect of the punja land comprised in Survey No.331/6 (Old Survey Nos.331/1C, 331/2 and 331/3) situated at Konapattu Village, Thirumayam Taluk, Pudukkottai District.

For Petitioner : Mr.G.Mathavan For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

The Petitioner challenges the order passed by the Second Respondent in Ni.Mu.Aa3/16994/2015 dated 06.06.2017. 2.

Learned Counsel for the Petitioner submits that the Petitioner filed a Writ Petition in W.P.(MD)No.12504 of 2017 before this Court and this Court by order dated 06.07.2017, had passed the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.19483 of 2017 "5.Considering the facts and circumstances of the case and considering the submission of both the parties, there shall be a direction to the second respondent to pass appropriate orders on the application of the Petitioner in Application No.4740/2015/D3, dated 29.04.2015, on merits and in accordance with law, after providing opportunity of hearing to the Petitioner as well as interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order."

3.

It is seen from the records that the order impugned in the present Writ Petition has been passed during the pendency of that Writ Petition and as such, the aforesaid order had not been taken into account. In such circumstances, the impugned order is set aside.

4.Accordingly, this Writ Petition is disposed with a direction to the Respondent to comply with the order dated 06.07.2017 in W.P. (MD)No.12504 of 2017 passed by this Court, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) ta To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Pudukkottai District, Pudukkottai.

3.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

+1 CC to M/s.G.MATHAVAN, Advocate ( SR-12191[F] dated 18/03/2020 ) W.P.(MD)No.19483 of 2017 Dated : 17.03.2020 SS/13.05.2020/2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2