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Madras High CourtWP(MD)/28228/2024allowed

P. Natarajan v. The District Collector

2024-11-27Honourable Mrs Justice N. Mala5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA P.Natarajan ... Petitioner /Vs./ 1.The District Collector, Madurai District.

2.The District Revenue Officer, Madurai District.

3.The Revenue Divisional Officer, Melur, Madurai District.

4.The Tahsildar, Melur Taluk Office, Madurai District.

5.A.Muthu 6.S.Sardhar 7.P.Palanichamy.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd Respondent to complete the Appeal proceedings based on the enquiry report submitted by the 4th Respondent dated 18.08.2022 and to cancel the Patta Nos. 4373 (533/1A), 4374(533/1B) and 4376(533/1D) issued in favour of 1/5

Respondents 5, 6 and 7 respectively in respect of S.No.533/1 (2 Acres 39 cents) situated at Kamboor Village, Melur Taluk, Madurai District, within a time frame limits as fixed by this Hon'ble Court. For Petitioner : Mr.B.Vinothkumar For R1 to R4 : Mr.A.Kannan Additional Government Pleader

ORDER

This Writ Petition is filed for issuance of Writ of Mandamus directing the 3rd Respondent to complete the Appeal proceedings based on the enquiry report submitted by the fourth respondent dated 18.08.2022 and to cancel the Patta Nos. 4373(533/1A), 4374(533/1B) and 4376(533/1D) issued in favour of the respondents 5, 6 and 7 respectively in respect of S.No.533/1 (2 Acres 39 cents) situated at Kamboor Village, Melur Taluk, Madurai District, within a time frame fixed by this Hon'ble Court.

2. The petitioner filed an appeal on 29.12.2021. In pursuance of the same, the third respondent directed the fourth respondent to conduct enquiry and submit a report vide communication dated 12.01.2022. The fourth respondent on 18.08.2022, forwarded the enquiry report to the 2/5

third respondent. Thereafter no action was initiated by the third respondent and so the petitioner sent a representation on 28.08.2024. As the third respondent did not complete the enquiry proceedings, the petitioner filed the above Writ Petition for the aforesaid relief.

3. It is seen that though the fourth respondent submitted his report to the third respondent as early as on 18.08.2022 but no action was taken by the third respondent. The petitioner therefore sent a representation to the third respondent on 28.08.2024, to complete the appeal proceedings and even thereafter the third respondent did not initiate any action.

4. The third respondent in spite of the report of the fourth respondent dated 18.08.2022, has not completed the enquiry proceedings. As the appeal is kept pending for over two years without any progress, the third respondent is directed to complete the appeal proceedings on the basis of the enquiry report of the fourth respondent and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 3/5

5. With the above direction, this Writ Petition is allowed. No costs. 27.11.2024 Index : Yes / No NCC : Yes / No CM TO:

1.The District Collector, Madurai District, 2.The District Revenue Officer, Madurai District, 3.The Revenue Divisional Officer, Melur, Madurai District.

4.The Tahsildar, Melur Taluk Office, Madurai District.

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N.MALA, J.

CM Order made in Dated:

27.11.2024 5/5