Madras High CourtWP(MD)/5029/2013closed

M. Jain Allaudin, v. The District Collector

2018-10-24Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2018

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU W.P(MD)No.5029 of 2013 and M.P(MD)No.1 of 2013 M.Jain Allaudin .. Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Tahsildar, Manamadurai Taluk, Sivagangai District.

4.R.S.Padma .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Prohibition, prohibiting the second respondent from proceeding with the revision preferred by the fourth respondent on 01.06.2012, against grant of Ryothwari Patta in favour of the petitioner, which is numbered as ROC.No.B4/22203/2012 on the file of the second respondent.

For Petitioner : Mr.M.Mahaboob Athiff for M/s.Ajmal Associates For Respondents: Mr.D.Muruganantham, Additional Government Pleader for R.1 to R.3

ORDER

This writ petition has been filed seeking issuance of a Writ of Prohibition, prohibiting the second respondent from proceeding with the revision petition in ROC.No.B4/22203/2012 dated 01.06.2012, preferred by the fourth respondent against the grant of Ryothwari Patta in favour of the petitioner, on the sole ground of jurisdiction.

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2. When the matter came up for hearing today, learned Additional Government Pleader submitted that the petition filed by

the fourth respondent was forwarded to the Commissioner of Survey and Settlement, Chennai, who is the competent authority. He would further submit that the Commissioner, vide proceedings in Rc.H1.578/2013 dated 26.07.2013, has passed an order rejecting the claim of the fourth respondent. Therefore, nothing survives for further adjudication in the present writ petition. This submission is acknowledged by the learned Counsel appearing for the petitioner.

3. In view of the aforesaid submission made by the learned Counsel on either side, this writ petition is closed, as nothing survives for further adjudication. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS-III) To 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Tahsildar, Manamadurai Taluk, Sivagangai District.

+ 1 CC TO M/S.AJMAL ASSOCIATES, IN SR NO.91720 + 1 CC TO SPECIAL GOVERNMENT PLEADER, IN SR NO.92252 GK BU/KK/RP/SAR-III :22.11.2018 : 2P/6C Order made in W.P(MD)No.5029 of 2013 and M.P(MD)No.1 of 2013 24.10.2018 https://hcservices.ecourts.gov.in/hcservices/