The High Court directed the second respondent to pass final orders on the petitioner's application to restore a patta within six weeks, considering a connected civil matter has reached finality.
Direction to the second respondent to pass final orders within six weeks considering the finality of the civil proceedings.
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W.P.(MD)No.6131 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.6131 of 2021 and W.M.P.(MD).No.4765 of 2021
K.Jaisshankar ... Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order Na.Ka.A4/1246/2020 passed by the 2nd respondent in his proceedings dated 21.04.2020 and quash the same as illegal and further direct the 2nd respondent to restore the patta as it existed earlier within the period that may be stipulated by this Court.
W.P.(MD)No.6131 of 2021
For Petitioner : Mr.N.Kamesh
For R-1 to R-3 : Mr.K.S.Selva Ganeshan, Additional Government Pleader O R D E R
This Writ Petition has been filed challenging the impugned
proceedings of the second respondent dated 21.04.2020 and for a direction to the second respondent to restore the patta in Patta No.440 to its original position.
had transferred the patta in favour of the fourth respondent even without giving any opportunity to the petitioner. In view of the same, the petitioner filed an appeal before the second respondent to restore the patta. The second respondent through impugned proceedings dated 21.04.2020, refused to pass any orders on the ground that civil proceedings are pending.
W.P.(MD)No.6131 of 2021
W.P.(MD)No.6131 of 2021
No costs. Consequently, the connected miscellaneous petition is closed.
17.11.2023
NCC:yes/no Index:yes/no Internet:yes/no tsg
To
W.P.(MD)No.6131 of 2021
N.ANAND VENKATESH, J.
tsg
W .P.(MD)No.6131 of 2021
17.11.2023
3 issues framed by the court
Whether the second respondent is directed to pass final orders on the petitioner's application for restoration of the patta within six weeks.
Whether the civil proceedings, now finalised by the dismissal of the Second Appeal, render the second respondent's refusal to act arbitrary.
Whether the impugned order refusing to pass orders owing to pending civil proceedings be quashed.
1 provisions across 1 enactments
K. Jaisshankar
The District Collector, Pudukottai
The Revenue Divisional Officer, Pudukottai
The Thashildar, Kandarvarkottai
Suresh Balaji
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
