Citation : 2022 Latest Caselaw 5960 Mad
Judgement Date : 23 March, 2022
W.P.(MD)No.5097 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.5097 of 2022
Dhanapaul ... Petitioner
Vs.
1. The District Revenue Officer,
Karur, Karur District.
2. The Revenue Divisional Officer,
Kulithalai Taluk,
Karur District.
3. The Tahsildar,
Kulithalai Taluk,
Karur District.
4. Erachi
5. Ejammal
6. Sivaraj ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5097 of 2022
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the 1st
Respondent to cancel the Patta issued in the Petitioner family
properties bearing Survey Nos. 137/4, 136/4, situated at
Ponnampatty, Porunthalur, Kulithalai Taluk, Karur District, to the
Respondents 4 to 6, during UDR Scheme are mistakenly Sub -
Divided i.e., Survey No. 137/4 Sub - divide as Survey No.137/41A1 -
0.63.41 ares - Patta No. 706, Survey No.136/4 Sub - divide as
Survey No. 136/4B - Patta No.1561, and Survey No.137/4 Sub
divide as Survey No.137/4B - Patta No.17.
For Petitioner : Mr.R.Murugappan
For Respondents : Mr.B.Saravanan
Additional Government Pleader
for R1 to R3
ORDER
***********
This writ petition has been filed seeking for early disposal of
the statutory appeal filed by the petitioner pending on the file of
the first respondent aggrieved by the issuance of patta in the name
of respondents 4 to 6.
https://www.mhc.tn.gov.in/judis W.P.(MD)No.5097 of 2022
2.According to the petitioner, he preferred the statutory
appeal before the first respondent on 12.08.2021, aggrieved by the
issuance of patta in the name of the respondents 4 to 6. The
petitioner seeks for early disposal of the appeal. It is also the
contention of the petitioner that based on the judgment and decree
dated 07.11.2016, passed in O.S.No.144 of 2015 by the District
Munsif Court, Kulithalai, he is entitled for a patta in his name.
According to the petitioner, the judgment and decree passed in the
aforementioned first appeal has attained finality.
3.No prejudice would be caused to the first respondent if the
statutory appeal filed by the petitioner pending on the file of the
first respondent is disposed of expeditiously after affording a fair
hearing to the petitioner and the respondents 4 to 6 and any other
necessary party whom the first respondent deems fit to enquire.
4.For the foregoing reasons, this Court directs the first
respondent to pass final orders on the petitioner's statutory appeal
dated 12.08.2021 after affording a fair hearing to the petitioner
and the respondents 4 to 6 as well as any other necessary party
https://www.mhc.tn.gov.in/judis W.P.(MD)No.5097 of 2022
whom the first respondent deems fit to enquire within a period of
four [4] months from the date of receipt of a copy of this order.
5.With the above direction, this Writ Petition stands disposed
of. There shall be no order as to costs.
23.03.2022
Index : Yes / No
Internet: Yes / No
MR
https://www.mhc.tn.gov.in/judis W.P.(MD)No.5097 of 2022
To
1. The District Revenue Officer, Karur, Karur District.
2. The Revenue Divisional Officer, Kulithalai Taluk, Karur District.
3. The Tahsildar, Kulithalai Taluk, Karur District.
https://www.mhc.tn.gov.in/judis W.P.(MD)No.5097 of 2022
ABDUL QUDDHOSE, J.
MR
ORDER MADE IN W.P.(MD)No.5097 of 2022
23.03.2022
https://www.mhc.tn.gov.in/judis
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