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Madras High CourtWP/1843/2022disposed of

S.Murali v. The Revenue Divisional Officer(Rdo)

2022-02-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.1843 of 2022 S.Murali ... Petitioner Vs 1.The Revenue Divisional Officer, Office of RDO, Cheyyar, Thiruvannamalai District.

2.The Tahsildar, Office of Tahsildar, Cheyyar, Thiruvannamalai District.

3.S.Sundari ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to consider and pass orders on the Appeal dated 25.11.2021 submitted under Patta Passbook Act for seeking an order to cancel the Patta No.134 issued in favour of the 3rd respondent for the lands to an extent of 3.55 acres in Survey Nos.351/1, 353/6, 353/7, 354, 355, 356/2, 356/3A, 356/3B1, 356/3B2, 388/4 of Managanallur Village, Vandavasi Taluk, Thiruvannamalai District.

For Petitioner : Mr.S.Thiyagarajan For R1 & R2 : Mr.P.Balathandayutham Spl. Government pleader

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, directing the 1st respondent to consider and pass orders on the Appeal dated 25.11.2021 submitted under Patta Passbook Act for seeking an order to cancel the Patta No.134 issued in favour of the 3rd respondent for the lands to an extent of 3.55 acres in Survey Nos.351/1, 353/6, 353/7, 354, 355, 356/2, 356/3A, 356/3B1, 356/3B2, 388/4 of Managanallur Village, Vandavasi Taluk, Thiruvannamalai District.

2. Heard, Mr.S.Thiyagarajan, learned counsel appearing https://hcservices.ecourts.gov.in/hcservices/

for the petitioner and Mr.P.Balathandayutham, learned Special Government Pleader appearing for the respondents 1 & 2.

3. The petitioner filed an appeal before the first respondent as against the patta issued in favour of the third respondent in respect of the property comprised in Survey Nos.351/1, 353/6, 353/7, 354, 355, 356/2, 356/3A, 356/3B1, 356/3B2, 388/4 to an extent of 3.55 acres situated at Managanallur Village, Vandavasi Taluk, Thiruvannamalai District and it is pending.

4. Considering the above, the first respondent is directed to conduct enquiry on the appeal filed by the petitioner on 25.11.2021, after issuance of notice to the petitioner and the third respondent, by giving them an opportunity of hearing and 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 direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar Lpp To 1.The Revenue Divisional Officer, Office of RDO, Cheyyar, Thiruvannamalai District.

2.The Tahsildar, Office of Tahsildar, Cheyyar, Thiruvannamalai District.

+1cc to Mr.S.Thiyagarajan, Advocate, S.R.No.7168 +1cc to the Government Pleader, S.R.No.8108 W.P.No.1843 of 2022 EV(CO) CT 25/02/2021 https://hcservices.ecourts.gov.in/hcservices/