V. S. Viswam v. District Collector Ramanathapuram District
2014-09-16
T.S.SIVAGNANAM
body2014
DigiLaw.ai
Judgment : 1. The petitioner in this writ petition seeks for issuance of writ of certiorarified mandamus challenging the order of the fourth respondent dated 17.07.2009 by which patta has been granted in favour of the fifth and sixth respondents in respect of S.No.201/2, Kookurani Village, Thiruvadanai Taluk. 2. The petitioner and the fifth respondent are brothers. The petitioner has now filed this writ petition challenging the order passed in the year 2009 by the fourth respondent granting patta in favour of the fifth and sixth respondents. According to the petitioner, patta was granted, because the then Tahsildhar played fraud and without any documents and without conducting any enquiry, erroneously granted patta in favour of the fifth and sixth respondents. In this regard, the petitioner lodged a complaint to the Vigilance Cell and an inspection was conducted and report was submitted on 22.09.2011, wherein, a clear finding was given that the then Tahsildhar was acted in high-handed manner in granting patta to the fifth respondent. Thereafter, disciplinary proceedings was initiated against the then Tahsildhar and all other officials. Even before the subsequent developments, the petitioner filed an appeal before the third respondent against the order passed by the fourth respondent on 17.07.2009, issuing patta to the fifth and sixth respondents. After disciplinary proceedings having been taken against the Tahsildar and such other matters, now the petitioner has come forward with this writ petition to quash the order dated 17.07.2009 passed by the Tahsildhar. 3. Since the appeal is pending before the third respondent, the proper course would be hearing of the matter by the third respondent. The third respondent can hear the matter, after issuing notice to the respondents 5 and 6. 4. While declining to grant the relief sought for in this writ petition, there will be a direction to the third respondent to consider the appeal petition filed by the petitioner, after issuing notice to the petitioner and the respondents 5 & 6 and after affording an opportunity of personal hearing and pass orders on merits within a period of six months from the date of receipt of a copy of this order. 5. In the result, this writ petition is dismissed. Consequently, connected M.P.(md).No.2 of 2013 is also dismissed. No costs.