Madras High Court
P.Ramesh vs Indiragandhi on 9 December, 2021
W.P.No.27419 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.27419 of 2013
and M.P.No.1 of 2013
P.Ramesh ... Petitioner
-Vs-
1. Indiragandhi
2. The District Revenue Officer,
Virudhachalam Taluk,
Cuddalore.
3. The Revenue Divisional Officer,
Virudhachalam Taluk,
Cuddalore.
4. The Tahsildar,
Virudhachalam Taluk,
Cuddalore.
5. Sudha
6. Shakthivel
(R5 and R6 impleaded as per order
dated 09.12.2021 in
W.M.P.No.26236 of 2021
in W.P.No.27419 of 2013) ... Respondents
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Page 1 of 6
W.P.No.27419 of 2013
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus, calling for the
records of the second respondent in proceedings bearing number
Na.Ka.Ve.3/21362/2012, dated 06.08.2013 quash the same and direct the second
respondent to restore the patta in the name of the petitioner in respect of the
properties at Survey number 7/2 - 13 cents and an extent of 55 cents comprised
in S.No.7/4, Perianesanaloor Village, Virudhachalam Taluk.
For Petitioner : Mr.G.Surya Narayanan
For R2 to R4 : Mr.P.Baladhandayutham
Special Government Pleader
For R1 : Mr.Mukund for
M/s Sarvabhauman Associates.
ORDER
This Writ Petition has been filed for the issuance of Writ of
Certiorarified Mandamus, calling for the records of the second respondent in
proceedings bearing number Na.Ka.Ve.3/21362/2012, dated 06.08.2013 quash
the same and direct the second respondent to restore the patta in the name of the
petitioner in respect of the properties at Survey number 7/2 - 13 cents and an
extent of 55 cents comprised in S.No.7/4, Perianesanaloor Village,
Virudhachalam Taluk.
https://www.mhc.tn.gov.in/judis
W.P.No.27419 of 2013
2. Heard Mr.G.Surya Narayanan, learned counsel appearing for the
petitioner, Mr.P.Baladhandayutham, learned Special Government Pleader
appearing for the respondents 2 to 4 and Mr.Mukund, learned counsel appearing
for the first respondent.
3. The petitioner challenged the order passed by the second respondent
dated 06.08.2013 thereby, set aside the order passed by the third and fourth
respondents herein for the reason that the second appeals preferred by the first
respondent are pending before this Court in S.A.No.1147 and 1148 of 2011.
4. The learned counsel for the petitioner would submit that both the
second appeals were dismissed by this Court by the Judgment, dated 26.10.2021
for the reason that the subject properties were already sold to the petitioner
herein and therefore nothing survives for further adjudication.
5. In view of the above, the order impugned in this writ petition in
Na.Ka.Ve.3/21362/2012, dated 06.08.2013 is hereby set aside and remanded
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W.P.No.27419 of 2013
back to the second respondent for fresh disposal. While pending the writ
petition, the first respondent also died. Therefore, the second respondent is
directed to issue notice to the petitioner and the legal heirs of the deceased first
respondent within a period of two weeks from the date of receipt of a copy of
this order, after giving an opportunity of hearing, pass orders on merits and in
accordance with law, in the light of the order passed by this Court in
S.A.Nos.1147 and 1148 of 2011, dated 26.10.2021.
6. The petitioner is directed to furnish the details of the legal heirs of
the first respondent with their address to the second respondent within a period
of 1 week from the date of receipt of a copy of this order.
7. With the above directions, this writ petition is disposed of.
Consequently, connected Miscellaneous petition is closed. There shall be no
order as to costs.
09.12.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
https://www.mhc.tn.gov.in/judis
W.P.No.27419 of 2013
To
1. The District Revenue Officer,
Virudhachalam Taluk,
Cuddalore.
2. The Revenue Divisional Officer,
Virudhachalam Taluk,
Cuddalore.
3. The Tahsildar,
Virudhachalam Taluk,
Cuddalore.
https://www.mhc.tn.gov.in/judis
W.P.No.27419 of 2013
G.K.ILANTHIRAIYAN, J.
mn
W.P.No.27419 of 2013
09.12.2021
https://www.mhc.tn.gov.in/judis
