V.Marimuthu v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 760 of 2025 V.Marimuthu

...Petitioner

Vs.

1.The Revenue Divisional Officer Mettur, Mettur Taluk, Salem District.

2.The Tahsildar Mettur Taluk, Salem District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider and pass order on the appeal dated 05.12.2016 filed by the petitioner under Patta Pass Book Act, in order to grant patta to Natham Land in S.no. 139/1 extent of 0.92 acres at ward no. 13, Theppakula Street, Nangavalli Village, Mettur Taluk.

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For Petitioner :

Mr.

M.Elango.

For Respondents :

Mr. M.R.Gokul Krishnan Additional Government Pleader.

O R D E R

The Writ Petition is filed for the following relief: "To direct the 1st respondent to consider and pass order on the appeal dated 05.12.2016 filed by the petitioner under Patta Pass Book Act, in order to grant patta to Natham Land in S.no. 139/1 extent of 0.92 acres at ward no. 13, Theppakula Street, Nangavalli Village, Mettur Taluk."

2. The petitioner would submit that the land in S.No.139/1, measuring an extent of 92 cents at Nangavalli Village, Mettur Taluk is classified as a Natham Land. The petitioner has been in possession of the said land from the year 1984. On 10.05.2012, the petitioner made 2/6

an application to the 2nd respondent seeking a grant of patta.

3. Since the said application was not considered, the petitioner filed W.P.No.13845 of 2013, before this Court seeking a mandamus to the 2nd respondent to dispose of the petitioner's application. This Court by order dated 21.10.2013, directed the 2nd respondent to consider and pass orders on the petitioner's application, within a period of 3 months.

4. The 2nd respondent vide his order dated 28.10.2016, rejected the petitioner's application. Against the said order, the petitioner preferred an appeal before the 1st respondent on 05.12.2016. However, no steps have been taken to dispose of the appeal filed by the petitioner. Therefore, the petitioner is before this Court.

5. Heard the learned counsels on the either side and perused the records.

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6. The petitioner's representation for the issuance of patta has been rejected on 28.10.2016. Against the said order, the petitioner proffered an appeal on 05.12.2016. However, the 1st respondent has not taken any steps to dispose of the appeal filed by the petitioner.

7. Considering the facts and circumstances of the case, a mandamus is issued to the 1st respondent to consider the petitioner's appeal dated 05.12.2016 and pass orders, within a period of 2 weeks from the date of receipt of a copy of this order.

8. The Writ Petition is allowed. No costs.

10.01.2025 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The Revenue Divisional Officer Mettur, Mettur Taluk, Salem District.

2.The Tahsildar Mettur Taluk, Salem District.

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P.T. ASHA, J, kan W.P.No. 760 of 2025 10.01.2025 6/6