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Madras High CourtWP/5106/2018disposed of

T.Jayalakshmi, v. The Revenue Divisional Officer

2018-03-07Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.5106 of 2018 T.Jayalakshmi ... Petitioner vs.

1.

The Revenue Divisional officer Taluk Office Complex Opp. Mepz, GST Road, Kadaperi, West Tambaram Chennai-600 045.

2.

The Tahsildar Tambaram Taluk Kancheepuram District.

3.

G.Suryanarayanan Son of K.Guruswamy ..Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to dispose of the statutory appeal filed by the petitioner on 21.10.2017 under Section 12 of the Patta Pass Book Act, as against the Patta issued by the 2nd respondent in favour of the 3rd respondent based on the fraudulent sale deeds. For Petitioner : Mr.V.Bhiman for M/s.Sampathkumar & Asso.

For Respondents : Mr.R.Govindasamy Special Government Pleader for R1 & R2

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents 1 and 2. Since this writ petition is being disposed of, without affecting the interest of the third respondent, notice to the said respondent is dispensed with.

2. The petitioner seeks for mandamus directing the first respondent to dispose of the statutory appeal filed by the petitioner on 21.10.2017 under Section 12 of the Tamil Nadu Patta Pass Book Act, 1983, as against the Patta issued by the 2nd respondent in favour of the 3rd respondent. https://hcservices.ecourts.gov.in/hcservices/

3. The grievance of the petitioner before this Court is that the said appeal is still pending and not yet disposed of. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the first respondent to consider and decide the same. Thus, this writ petition is disposed of, only with a direction to the first respondent to dispose of the appeal filed by the petitioner on 21.10.2017, after hearing the petitioner as well as the third respondent and other interested parties, if any, if the said appeal is not yet disposed of. Such exercise shall be done by the first respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mk To 1.

The Revenue Divisional officer Taluk Office Complex Opp. Mepz, GST Road, Kadaperi, West Tambaram Chennai-600 045.

2.

The Tahsildar Tambaram Taluk Kancheepuram District.

+1cc to Mr.Sampathkumar Associates, Advocate, S.R.No.17351 +1cc to the Government Pleader, S.R.No.17779 W.P.No.5106 of 2018 RJ(CO) RRK(23/03/2018) https://hcservices.ecourts.gov.in/hcservices/