Madras High Court
Sankar.P vs The District Collector on 24 April, 2025
W.P.(MD)No.17339 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.04.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI
WP(MD)No.17339 of 2023
and
W.M.P.(MD)Nos.14530 & 23484 of 2023 & 1363 of 2024
Sankar.P ... Petitioner
Vs.
1. The District Collector
Collectorate Campus, Dindigul,
Dindigul District.
2. The District Revenue Officer
O/o. the District Revenue Office,
Dindigul, Dindigul District.
3. The Revenue Divisional Officer,
O/o. the Revenue Divisional Office,
Palani, Dindigul District.
4. The Thasildhar
O/o. the Thasildhar,
Ootanchatram,
Dindigul District.
5. Veerappa Gounder
6. Selvarani
1/6
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W.P.(MD)No.17339 of 2023
7.Vijayalakshmi
8.Sivakumar
9.Palanichamy
(R6 to 9 are impleaded vide order dated 24.04.2025
in W.M.P.(MD)No.19399 of 2024 ) ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, calling for the records
relating to the impugned order passed by the 4th respondent in his
proceedings in Na.Ka.No.1755/2023/E1 dated 19.05.2023 and quash the
same as illegal and consequentially to direct the respondents to restore
the patta in the favour of the petitioner within the period that may be
stipulated by this Court.
For Petitioner : Mr.V.Karthik Raja
for M/s.Ajmal Associates
For Respondents : Mr.K.Malathi
Additional Government Pleader for R1-4
: Mr.K.K.Samy for R5-9
ORDER
I have heard the heard counsel on either side.
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2. Though the fifth respondent has filed a petition to vacate the
interim stay, the learned counsel appearing for the 5th respondent would
fairly submit that even though the 5th respondent was issued patta only
based on the judgment and decree of the competent Court, as well as the
dismissal of the obstruction petition filed by the petitioner, no
opportunity was given to the writ petitioner before the impugned order
came to be passed and he would therefore submit that on this limited
ground the impugned order can be set aside and the matter be remitted to
the fourth respondent, for fresh consideration, in a time bound manner.
3. In view of the fair submission of the learned counsel for the fifth
respondent, the impugned order is set aside and the matter is remitted to
the fourth respondent, for hearing the matter afresh and consider the
claims of the petitioner as well as the fifth respondent / legal heirs of the
fifth respondent and pass final orders on merits and in accordance with
law, within a period of eight weeks from the date of a receipt of a copy
of this order.
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4. With the above direction, this Writ Petition is disposed of. There
shall be no order as to costs. Consequently, connected Miscellaneous
Petitions are closed.
24.04.2025
Internet : Yes/No
Index : Yes/No
NCC : Yes/No
LS
To
1. The District Collector
Collectorate Campus,
Dindigul,
Dindigul District.
2. The District Revenue Officer
O/o. the District Revenue Office,
Dindigul,
Dindigul District.
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3. The Revenue Divisional Officer,
O/o. the Revenue Divisional Office,
Palani,
Dindigul District.
4. The Thasildhar
O/o. the Thasildhar,
Ootanchatram,
Dindigul District.
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P.B. BALAJI, J.
LS
Order made in
Dated:
24.04.2025
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