Madras High CourtWP(MD)/29068/2023disposed of

K.Arunachalam v. The District Collector

2023-12-11Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.25121 of 2023 K.Arunachalam ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi, Tenkasi District.

3.The Tahsildar, Alangulam, Tenkasi, Tenkasi District.

4.The Village Administrative Officer, Poolangulam Village, Alangulam Taluk, Tenkasi District.

1/4

5.Ranjitham ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in relating to the issuance of fake patta in favour of the fifth respondent by the third respondent in respect of the property Ayan Punja bearing Survey Nos.436/9, 436/10, 436/11, 436/12, 436/14 and 436/15 and fake patta No.7309/2023 situated at Poolangulam Village, Alangulam Taluk, Tenkasi District and quash the same as illegal and erroneous forthwith and further direct the third respondent to restore the patta in the name of the petitioner forthwith as like earlier. For Petitioner : Mr.S.Palanivelayutham For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.4

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the official respondents. Considering the nature of order to be passed, issuance of notice to the private respondent is dispensed with. 2/4

2.The petitioner questions the patta issued in favour of the fifth respondent. It is seen that the petitioner has also filed an appeal before the Revenue Divisional Officer, Tenkasi. Since factual aspects are involved, it is only just and proper that the petitioner exhausts the appeal remedy before coming to this Court. Without going to the merits of the matter, I direct the second respondent to dispose of the petitioner's appeal on merits and in accordance with law and pass final order within a period of twelve weeks from the date of receipt of a copy of this order. Notice shall be issued to the fifth respondent before passing final order. 3.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

11.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi, Tenkasi District.

3.The Tahsildar, Alangulam, Tenkasi, Tenkasi District.

4.The Village Administrative Officer, Poolangulam Village, Alangulam Taluk, Tenkasi District.

and W.M.P(MD)No.25121 of 2023 11.12.2023 4/4