Mohammed Habibullah Khan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Mohammed Habibullah Khan Rep. By Power of Attorney Segu Jamaldeen ... Petitioner /Vs./ 1.The District Collector, Collectorate, Ramanathapuram District.

2.The Revenue Divisional Officer, Revenue Division Ofifcer, Ramanathapuram 3.The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent herein to hear and dispose the appeal filed by the petitioner and to rectify the error in the extent of patta No.2953 (Old Patta No.1376) with respect to the land in S.No.795/3C to an extent of 0.40.5 hectares ( 1 acres) in Vethalai Village, Ramanathapuram Taluk, Ramanathapuram. For Petitioner : Mr.C.Guhaseelarupan For Respondents : Mr.A.Kannan Additional Government Pleader 1/5

ORDER

This Writ Petition is filed for issuance of Writ of Mandamus directing the second respondent herein to hear and dispose the appeal filed by the petitioner and to rectify the error in the extent of patta No. 2953 (Old Patta No.1376) with respect to the land in S.No.795/3C to an extent of 0.40.5 hectares ( 1 acres) in Vethalai Village, Ramanathapuram Taluk, Ramanathapuram.

2. The petitioner filed an appeal to the second respondent to rectify the error in the extent mentioned in patta No.2953 (old patta No.1376) with respect to the subject land. In pursuance of the petitioner's appeal, the second respondent in his proceedings in A6/6443/2024, dated 10.10.2023, directed the third respondent to conduct an enquiry and to submit a report. The third respondent, in turn, directed the Deputy Tahsildar, Ramanathapuram, vide his proceedings dated 04.12.2023, to submit a detailed report. As no action was taken in pursuance of the appeal in spite of the abovesaid communication, the petitioner filed the above Writ Petition for the aforesaid relief. 2/5

3. The learned Additional Government Pleader, on instructions, submits that enquiry notice has been sent to the petitioner fixing the enquiry on 06.12.2024. The learned Additional Government Pleader would further submit that in view of the aforesaid communication of the Revenue Divisional Officer, time frame may be fixed for disposal of the appeal.

4. Considering the aforesaid facts, the second respondent is directed to dispose of the appeal on merits and in accordance with law within a period eight weeks from the date of receipt of a copy of this order. It is needless to state that all the interested persons, would be given notice of hearing by mentioning the date of hearing as 06.12.2024 and after hearing all the interested parties, orders will be passed.

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

25.11.2024 Index : Yes / No NCC : Yes / No CM 3/5

TO:

1.The District Collector, Collectorate, Ramanathapuram District.

2.The Revenue Divisional Officer, Revenue Division Ofifcer, Ramanathapuram 3.The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

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N.MALA, J.

CM Order made in Dated:

25.11.2024 5/5