Revathi Sambasivam v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P. Nos.1383 and 1386 of 2025 Revathi Sambasivam ... Petitioner Vs.
1.The Principal Secretary, The Government of Tamil Nadu, Fort St. George, Chennai - 9.
2.The District Collector, Chennai District, Rajaji Salai, Chennai - 1.
3.District Revenue Officer, Office of DR), 4th Floor, Chennai Collectorate Building, Rajaji Salai, Chennai - 1.
4.Revenue Divisional Officer, South Chennai Zone, GST Road, Guindy, Chennai - 32.
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5.The Tahsildar, Sozhinganallur Taluk, Chennai - 119.
6.The Asst. Engineer (Irrigation Section), Water Resources Department, Padappai, Kancheepuram District - 601 301.
... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the third respondent to dispose of the Appeal No.E2790173 of 2024 dated 16.12.2024. For Petitioner :
Mr.P.M.Subramaniam, Senior Counsel for Mr.B.Ravi Raja For Respondents :
Mr.M.S.Arasakumar, Government Advocate
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed with a mandamus prayer qua statutory appeal dated 16.12.2024 being a statutory appeal under Section 12 of The Tamil Nadu Patta Passbook Act, 1983 (Tamil Nadu Act 4 of 1986). This 'statutory appeal' shall be referred to as 'said appeal' and 'The Tamil Nadu Patta Passbook Act, 1983 (Tamil Nadu Act 4 of 1986)' shall be referred to as 'said Act', both for the sake of convenience and clarity. Page Nos.2/6
2. Mr.P.M.Subramaniam, learned senior counsel instructed by Mr.B.Ravi Raja, learned counsel on record for the writ petitioner adverting to the said appeal submitted that the said appeal is a statutory appeal which has been filed assailing an order dated 06.11.2024 (erroneously mentioned as 07.12.2024 in the appeal petition) made by R5 (The Tahsildar, Sozhinganallur Taluk, Chennai - 119.) before us. Learned senior counsel submitted that the appeal pertains to restoration of pattas.
3. Issue notice.
4. Mr.M.S.Arasakumar, learned Government Advocate accepts notice for all the respondents and submits on instructions that R3 (District Revenue Officer, Chennai) who is the Appellate Authority has fixed enquiry on said appeal today at 3.00 p.m.
5. Responding to this, learned senior counsel on instructions submitted that the writ petitioner and/or her authorised representative or counsel would participate in the enquiry.
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6. In the aforementioned scenario, on instructions, learned State counsel fairly submitted that the said appeal will be disposed of by R3/ Appellate Authority within eight weeks from today i.e., on or before 18.03.2025. This submission is recorded.
7. Recording the stated position of the learned State counsel draws curtains on the captioned matter and therefore with the consent of learned counsel on both sides, main WP is taken up. Be that as it may, for the sake of clarity, we deem it appropriate to write that all the rights and contentions of the writ petitioner are left open and R3 / Appellate Authority shall decide said appeal under said Act on its own merits and in accordance with law untrammeled by this order.
8. Captioned WP is disposed of in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petitions (WMPs) thereat are disposed of as closed. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 21.01.2025 Index : Yes / No Page Nos.4/6
mmi To 1.The Principal Secretary, The Government of Tamil Nadu, Fort St. George, Chennai - 9.
2.The District Collector, Chennai District, Rajaji Salai, Chennai - 1.
3.The District Revenue Officer, Office of DR), 4th Floor, Chennai Collectorate Building, Rajaji Salai, Chennai - 1.
4.The Revenue Divisional Officer, South Chennai Zone, GST Road, Guindy, Chennai - 32.
5.The Tahsildar, Sozhinganallur Taluk, Chennai - 119.
6.The Asst. Engineer (Irrigation Section), Water Resources Department, Padappai, Kancheepuram District - 601 301.
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M.SUNDAR, J., and K.RAJASEKAR, J., mmi 21.01.2025 Page Nos.6/6