Disposed

Amirthan v. the Revenue Divisional Officer Cum Sub Divisional Magistrate

Madras HC2 Jun 2021WP(MD)/9070/2021

Case brief

AI extract

What is this about?

This writ petition challenged the granting of patta to third parties and subsequent efforts to provide electricity connection on disputed land. The court directed the Revenue Divisional Officer to dispose of the pending appeal within twelve weeks and restrained TANGEDCO from connecting electricity based on those applications.

What did the court decide?

Directed the 1st respondent to dispose of the pending appeal within twelve weeks after affording personal hearing to all parties. Directed respondents 3 and 4 not to provide electricity service connec

Amirthan Vs the Revenue Divisional Officer Cum Sub… — Property and Title | Madras HC (2021)

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W.P(MD)No.9070 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 02.06.2021

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CORAM :

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU

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W.P(MD)No.9070 of 2021 and WMP(MD)No.6834 of 2021

Amirtham

... Petitioner

vs.

1)The Revenue Divisional Officer cum Sub Divisional Magistrate, Sivagangai, Sivagangai District. 2)The Tahsildar, Ilayangudi Taluk, Ilayangudi, Sivagangai District. 3)The Executive Engineer, TANGEDCO, Manamadurai, Sivagangai District. 4)The Assistant Executive Engineer, TANGEDCO, Ilayangudi, Sivagangai District. 5)Sathishkumar 6)Meenal ... Respondents

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Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 1^st respondent to dispose of the appeal filed by the petitioner in Na.Ka.No.A3/4060/2020 on the file of the 1^st respondent within a time frame as fixed by this Hon'ble Court by giving opportunity of personal hearing to all the interested parties in the manner known to law besides directing the respondents 3 and 4 not to give any electricity service connection in respect of the punja land comprised in Survey No.289/1C, 289/1B2, 288/8A bearing patta No.838 measuring about 6 acres 80 cents and nanja land comprised in Survey No.288/13B, 185/4B, 251/13B and 254/15B bearing patta No.599 measuring about 1 acre 10 cents situated at Bramanakurichi Village, Kachathanallur Group, Ilayangudi Taluk, Sivagangai District based on any application made by the respondents 5 and 6.

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

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W.P(MD)No.9070 of 2021

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For Petitioner : Mr.B.Prahalad Ravi For R1 to R4 : Mr.P.Thilak Kumar

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Counsel for Government of Tamil Nadu

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ORDER

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Mr.P.Thilak Kumar, learned Government counsel takes notice for the official respondents. In view of the order going to be passed, notice to the respondents 5 and 6 is not necessary.

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2.This writ petition has been filed for issuance of a Writ of Mandamus, directing the 1^st respondent to dispose of the appeal filed by the petitioner in Na.Ka.No.A3/4060/2020 on the file of the 1^st respondent within a time frame to be fixed by this Court by giving opportunity of personal hearing to all the interested parties in the manner known to law, besides directing the respondents 3 and 4 not to give any electricity service connection in respect of the punja land comprised in Survey Nos.289/1C, 289/1B2, 288/8A bearing patta No.838 measuring about 6 acres 80 cents and nanja land comprised in Survey Nos.288/13B, 185/4B, 251/13B and 254/15B bearing patta No.599 measuring about 1 acre 10 cents situated at Bramanakurichi Village, Kachathanallur Group, Ilayangudi Taluk, Sivagangai District, based on any application made by the respondents 5 and 6.

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3.The learned counsel for the petitioner would state that the petitioner and her brother are owners of the abovesaid landed property and they are in possession of the said lands by doing agriculture. The said property originally belonged to the petitioner's grandfather and after his demise, it was devolved on his legal heirs namely, Udayan and Muthu and after their demise, the petitioner and her brother who are their legal heirs, have been in absolute possession and enjoyment of the said property. While so, the 2^nd respondent has transferred the patta in respect of the above property in favour of the respondents 5 and 6 without notice to the petitioner and hence, the petitioner filed appeal before the 1^st respondent challenging the order granting patta in favour of the respondents 5 and 6. In the meanwhile, the respondents 5 and 6 applied for electricity service connection and the 4^th respondent without taking note of the pendency of the petitioner's appeal, is now taking up steps to give electricity service connection. Hence, this writ petition.

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4.When the matter is taken up for hearing, the learned counsel for the petitioner would state that it is suffice if a direction is issued to the 1^st respondent to dispose of the petitioner's appeal within a time frame, for which, the learned Government counsel for the official respondents agreed.

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W.P(MD)No.9070 of 2021

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5.In view of the limited relief sought for, without adverting to the merits of the case, the 1^st respondent is directed to dispose of the petitioner's appeal in Na.Ka.No.A3/4060/2020 after affording opportunity of personal hearing to all the parties concerned and pass orders in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

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6.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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// True Copy //

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bala

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Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

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1)The Revenue Divisional Officer cum Sub Divisional Magistrate, Sivagangai,Sivagangai District.

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2)The Tahsildar,Ilayangudi Taluk, Ilayangudi,Sivagangai District.

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3)The Executive Engineer, TANGEDCO,Manamadurai, Sivagangai District.

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4)The Assistant Executive Engineer, TANGEDCO,Ilayangudi, Sivagangai District.

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+1 CC to M/s.B.PRAHALAD RAVI, Advocate ( SR-18634[F] dated 02/06/2021 )

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ORDER MADE IN W.P(MD)No.9070 of 2021 DATED : 02.06.2021

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se(CO)

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TR(05.08.2021) 3P 6C

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

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Amirthan v. the Revenue Divisional Officer Cum Sub Divisional Magistrate

Case brief

What is this about?

What did the court decide?

Amirthan v. the Revenue Divisional Officer Cum Sub Divisional Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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