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Madras High CourtWP/1218/2022disposed of

R.Nagarajan v. Revenue Divisional Officer

2022-02-01Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.1218 of 2022 R.Nagarajan ... Petitioner -Vs1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Cheyyar, Thiruvannamalai District 604 407.

2. The Tahsildar, Office of the Tahsildhar, Vandavasi Taluk, Thiruvannamalai District.

3. Karpagam ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent herein to consider and pass orders on the Appeal dated 01.11.2021 submitted by the petitioner under Patta Passbook Act requesting to include the name of the petitioner in patta No.1036 as the petitioner is having 50% share in the property of an extent of 4.80 acres in Survey Nos.230/1E, 230/3, 233, 241/1F and 241/2 of Athipakkam Village, Vandavasi Taluk, Thiruvannamalai District. For Petitioner :

Mr.V.R.Appaswamee For R1 and R2 :

Mr.P.Balathandayutham Special Government Pleader

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the first respondent herein to

consider and pass orders on the Appeal dated 01.11.2021 submitted by the petitioner under Patta Passbook Act requesting to include the name of the petitioner in patta No.1036 as the petitioner is having 50% share in the property of an extent of 4.80 acres in Survey Nos.230/1E, 230/3, 233, 241/1F and 241/2 of Athipakkam Village, Vandavasi Taluk, Thiruvannamalai District. 2.

Heard Mr.V.R.Appaswamee, learned counsel appearing for the petitioner and Mr.P.Balathandayutham, learned Special Government Pleader appearing for the respondents 1 and 2. 3.

The petitioner challenged the patta issued in favour of the third respondent before the first respondent by an appeal, dated 01.11.2021 and it is pending without issuing any notice to the parties concerned.

4.

Considering the above, the first respondent is directed to issue notice to the petitioner and the third respondent herein and conduct an enquiry, after giving an opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5.

With the above directions, this writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mn To

1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Cheyyar, Thiruvannamalai District 604 407.

2. The Tahsildar, Office of the Tahsildhar, Vandavasi Taluk, Thiruvannamalai District.

+1cc to M/s.V.R.Appaswamee, Advocate, S.R.No.6178 +1cc to the Government Pleader, S.R.No.6860 W.P.No.1218 of 2022 KSM(CO) SU(22/02/2022)