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Madras High CourtWP(MD)/6426/2013disposed of

G. Arumugam, v. The District Revenue Officer,

2017-11-24Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.6426 of 2013 and M.P(MD)No.1 of 2013 G.Arumugam .. Petitioner Vs.

1.The District Revenue Officer, Trichy District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Trichy District, Trichy.

3.The Tahsildar, Manapparai Taluk, Trichy District.

4.Raman 5.Palanivel .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to pass final order in P.R.11824/6.12.2010 pending on his file, for the erroneous transfer of patta during UDR patta proceedings in favour of 4th respondent in respect of petitioner's agricultural land measuring 2.89 acres comprised in S.Nos.383/1, 383/2 and 383/5 covered by Patta No.450 situated at Sowriyampatti, Muthazhvarpatti Village, Manapparai Taluk, Trichy District and consequently restore the patta in favour of the petitioner, within a reasonable time.

For Petitioner : Mr.B.Jameel Arasu For Respondents 1 to 3 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

For Respondent No.5 : Mr.S.Muthalraj For Respondent No.4 : No appearance

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the first respondent to pass final order in P.R.11824/6.12.2010 pending on his file and restore patta in respect of the petitioner's agricultural land admeasuring 2.89 acres, comprised in S.Nos.383/1, 383/2 and 383/5, situates at Sowriyampatti, Muthazhvarpatti Village, Manapparai Taluk, Trichy District, in favour of the petitioner, within the time stipulated by this Court.

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2.Heard the learned counsel appearing for the petitioner, learned Additional Government Pleader appearing for the respondents 1 to 3 as well as the learned counsel appearing for the fifth respondent. Despite notice being served on the fourth respondent and his name being printed in the cause list, there is no representation on behalf of the fourth respondent either in person or through Counsel.

3.According to the petitioner, he filed a petition before the first respondent, for the fraudulent transfer made in respect of his agricultural land admeasuring 2.89 acres, comprised in S.Nos.383/1, 383/2 and 383/5, situates at Sowriyampatti, Muthazhvarpatti Village, Manapparai Taluk and the same is pending for a long time. 4.The learned counsel appearing for the petitioner as well as the learned counsel appearing for the fifth respondent would submit that a civil suit in O.S.No.240 of 2012 is pending on the file of the District Munsif Court, Manapparai, with regard to the property in question.

5.Recording the same, the writ petition stands disposed of, leaving it open to the parties to seek appropriate remedy in the pending suit. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(P & A) /True Copy/ Sub Assistant Registrar To 1.The District Munsif, Manaparai.

2.The District Revenue Officer, Trichy District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Trichy District, Trichy.

4.The Tahsildar, Manapparai Taluk, Trichy District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 89963 +1cc to Mr.B.JAMEEL ARASU Advocate in SR. No. 89469 +1cc to Mr.NA.PALANIYANDI Advocate in SR. No. 89309 SMN JS/MR.KKR/SAR.2/12.12.2017/2P-8C ORDER MADE IN W.P(MD)No.6426 of 2013 and M.P(MD)No.1 of 2013 24.11.2017 https://hcservices.ecourts.gov.in/hcservices/