Writ petition challenging an order by the District Revenue Officer directing the Tahsildar to change the patta in favour of the 4th respondent. The petitioner, who claimed patta based on oral purchase, died during the proceedings. The Court disposed of the petition with liberty to the legal heirs to pursue remedies in the civil court.
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WP(MD)No.13348 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 10.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.13348 of 2018 and WMP(MD)No.12152 of 2018
M.Khadhar Moideen ... Petitioner
Vs
4.D.M.Vedhanayagam
5.Anthony Robert Kennedy
... Respondents
[R5 impleaded vide order dated 10.01.2024 in WMP(MD)No.6882 of 2023]
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the entire records pertaining to the impugned order passed by
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the 1st respondent in Pa.Mu.P4 27068 – 2015 dated 09.06.2018 and quash the same as illegal, arbitrary and against the principles of natural justice and consequently direct the 1st respondent to conduct enquiry.
For Petitioner : Mr.K.C.Ramalingam For Respondent : Mr.A.Baskaran Nos.1 to 3 Addl.Government Pleader For Respondent : Mr.J.Aroon No.4 For Respondent : Mr.P.Muthuvel No.5
ORDER
This writ petition is filed challenging the order of the 1st respondent District Revenue Officer, Sivagangai in and by which the DRO had directed the Tahsildar to change the patta in the name of the 4th respondent. Aggrieved over the same the petitioner is before this Court.
writ petition the petitioner died. The petitioner claims patta based on the oral purchase of the property.
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3.Considering the submissions made on either side,
this writ petition is disposed with liberty to the petitioner's legal heirs to work out their remedy before the competent civil court. No costs. Consequently connected miscellaneous petition is closed.
10.01.2024
Internet : Yes / No
DSK
To
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WP(MD)No.13348 of 2018
B.PUGALENDHI, J.
dsk
WP(MD)No.13348 of 2018
10.01.2024
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1 issue framed by the court
Whether the order directing change of patta in favour of the 4th respondent is legal and valid?
1 provisions across 1 enactments
M.Khadhar Moideen
The District Revenue Officer, Sivagangai District
The Revenue Divisional Officer, Sivagangai Revenue Division
The Tahsildar, Manamadurai Taluk
D.M.Vedhanayagam
Anthony Robert Kennedy
B.Pugale ndhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
