Madras High Court
Thirugnanasambandham vs The Sub Collector on 29 July, 2022
W.A.No.1635 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2022
CORAM :
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
W.A.No.1635 of 2022
and C.M.P.No.11074 of 2022
1.Thirugnanasambandham
2.Pragash Muthukumar
3.Geetha Manoharan
4.Brindharani .. Appellants
Vs.
1.The Sub Collector,
Office of the Revenue Divisional Officer,
Dharapuram.
2.P.Ramesh
3.A.Giridharatheeban
4.Palanisamy .. Respondents
Appeal filed under Clause 15 of the Letters Patent against the
order dated 18.04.2022 passed in W.P.No.25018 of 2017.
For Appellants : Mr.R.Ashokan
For Respondents : Mr.P.Muthukumar, Government Pleader (R1)
Mr.A.Palaniappan (R2 to R4)
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W.A.No.1635 of 2022
JUDGMENT
(JUDGMENT WAS MADE BY M.DURAISWAMY, J.)
Challenging the order passed by the learned Single Judge in
W.P.No.25018 of 2017, the writ petitioners have filed the above Writ
Appeal.
2.The appellants filed the Writ Petition to issue writ of prohibition,
prohibiting the 1st respondent from proceeding with the enquiry and
passing orders pursuant to the notice dated 07.08.2017 on the
representation of the respondents 2 & 3. The learned Single Judge, taking
into consideration the case of both sides, directed the respondents 2 & 3
to make an application for cancellation of patta before the jurisdictional
District Revenue Officer within a period of two weeks and if any such
application is made by the respondents 2 & 3, directed the concerned
District Revenue Officer to pass appropriate orders after providing
opportunity to the petitioners and the 4th respondent and other aggrieved
persons, if any, within a period of twelve weeks. The respondents 2 & 3
contended that the petitioners and the 4th respondent claim title based on
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W.A.No.1635 of 2022
bogus pattas obtained in their favour and therefore, the pattas are liable
to be cancelled. However, the learned Single Judge, considering the
submissions made by the learned counsel on either side had directed the
parties to go before the District Revenue Officer and further directed the
District Revenue Officer to decide the matter in accordance with law.
3.We are of the considered view that the order passed by the
learned Single Judge is just and proper and the District Revenue Officer
was directed to consider the case of both sides and pass orders in
accordance with law. The learned Single Judge has not given any
positive direction to the District Revenue Officer to cancel the pattas or
for giving any specific finding with regard to the contention raised by the
respondents. In such view of the matter, we are not inclined to entertain
the Writ Appeal. Accordingly, the Writ Appeal is dismissed. No costs.
Consequently, the connected miscellaneous petition is closed.
Index : Yes/No [M.D., J.] [S.M., J.]
va 29.07.2022
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W.A.No.1635 of 2022
M.DURAISWAMY, J.
and
SUNDER MOHAN, J.
va
To
1.The Sub Collector,
Office of the Revenue Divisional Officer,
Dharapuram.
W.A.No.1635 of 2022
and C.M.P.No.11074 of 2022
29.07.2022
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