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2010 DIGILAW 5438 (MAD)

Zakir Hussain v. Revenue Divisional Officer, Chidambaram

2010-12-08

M.JAICHANDREN

body2010
Judgment :- 1. This writ petition has been filed challenging the notice issued by the first respondent, on 25.10.2010, requesting the petitioner to appear for an enquiry to be held, on 1.11.2010, in respect of the cancellation of patta granted in favour of the petitioner. 2. The learned counsel appearing on behalf of the petitioner had submitted that the petitioner had appeared before the first respondent, on 1.11.2010, pursuant to the impugned notice, dated 25.10.2010. However, the petitioner apprehends that the first respondent would not consider the contentions raised by the petitioner. The learned counsel appearing on behalf of the petitioner had also submitted that civil proceedings are pending on the file of the District Munsif Court, Parangipettai, in O.S.No.6 of 2009. 3. In view of the submissions made by the learned counsel appearing on behalf of the petitioner, this Court is of the considered view that the writ petition filed by the petitioner is premature in nature. It is for the petitioner to appear before the first respondent and to raise all the issues before him. Further, it would also be open to the petitioner to bring it to the notice of the first respondent the pendency of the said suit. On the first respondent passing appropriate orders, it is for the petitioner to challenge the same, if he is aggrieved by the said order, before the appropriate authority, in the manner known to law. As such, the writ petition is devoid of merits. Hence, it stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.