Disposed

Thangarasu v. The District Collector

Madras HC1 Nov 2021WP/27429/2017

Case brief

AI extract

What is this about?

The High Court of Madras disposed of a writ petition seeking cancellation of land pattas. The Court held that the pendency of a civil suit was not a bar and directed the Revenue Divisional Officer to issue notice and decide the matter on merits within twelve weeks.

What did the court decide?

Directed the Revenue Divisional Officer to issue notice to relevant parties and pass orders on merits within twelve weeks.

Thangarasu Vs The District Collector — Land Acquisition | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.11.2021

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CORAM

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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W.P. NO.27429 OF 2017

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Thangarasu ... Petitioner

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-Vs-

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The District Collector, Perambalur District.

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The Revenue Divisional Officer,

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Perambalur District.

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The Tahsildar (Land Acquisition)

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Revenue Divisional Officer.

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Perumal

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Krishnan

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Muthusamy

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Arunachalam

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... Respondents

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Prayer :-

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Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the first respondent to cancel the patta in S.No.136/2 to an extent of 0.14.5 acres and survey No.196/9 to an extent of 0.79.5 acres in Elambalur Village, by considering the petitioner's representation dated 04.04.2017, within the time limit fixed by this Court.

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For Petitioner : Mr.R.Gokula Krishnan

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For Respondents For R1 to R3 : Mr.M.R.Gokul Krishnan Government Advocate For R6 : Mr.E.K.Kumaresan

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ORDER

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The Writ Petition has been filed to direct the first respondent to cancel the patta in S.No.136/2 to an extent of

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https://hcservices.ecourts.gov.in/hcservices/

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0.14.5 acres and survey No.196/9 to an extent of 0.79.5 acres in Elambalur Village, by considering the petitioner's representation dated 04.04.2017, within the time limit.

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The learned counsel appearing for the sixth respondent would submit that in respect of the very same subject property in this Writ Petition, the petitioner already filed suit in O.S.No.31 of 2011 and the same is pending before the District Munsif Court, Perambalur.

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The learned counsel appearing for the petitioner submitted that the pendency of the civil suit is not an impediment for the first respondent to consider the petitioner's representation.

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Heard Mr.R.Gokula Krishnan, learned counsel appearing for the petitioner, Mr.M.R.Gokul Krishnan, learned Government Advocate appearing for the respondents 1 to 3 and Mr.E.K.Kumaresan, learned Counsel appearing for the sixth respondent.

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Considering the facts and circumstances, the petitioner is directed to submit a fresh application before the second respondent within a period of two weeks from the date of receipt of a copy of this Order. On receipt of the same, the second respondent is directed to issue notice to the respondents 4 to 7, and after giving opportunity of hearing to both the parties, pass orders on merits and in accordance with law, within a period of twelve weeks thereafter.

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With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

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Sd/Assistant Registrar

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//True Copy//

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Sub Assistant Registrar

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rts

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The District Collector, Perambalur District.

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The Revenue Divisional Officer, Perambalur District.

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https://hcservices.ecourts.gov.in/hcservices/

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The Tahsildar (Land Acquisition) Revenue Divisional Officer.

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+1cc to Mr.E.K.Kumaresan, Advocate, S.R.No.56947 +1cc to the Government Pleader, S.R.No.57649

W.P.No.27429 of 2017

CP(CO)

PM/26/11/2021

https://hcservices.ecourts.gov.in/hcservices/

Thangarasu v. The District Collector

Case brief

What is this about?

What did the court decide?

Thangarasu v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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