Kuppayi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.3502 of 2025 Kuppayi ..Petitioner Vs.

1. The District Collector, District Collectorate,

2. The Sub Collector, District Collectorate,

3. District Revenue Officer, District Revenue Office,

4. The Thasildhar Taluk Office, Vanapuram Taluk,

5. The Revenue Divisional Inspector (Surveyor), Taluk Office, Vanapuram Taluk, 1/6

6. Village Administrative Officer, Village Administrative Office, Pachhar Village, Vanapuram, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the representation made by the legal heirs of Navu Gounder for cancellation of patta issued against wrong persons by disposing of the appeal initiate vide Na.KA.A4/8850/2018 dated 27.12.2018 on the file of the 2nd respondent. For Petitioner : Mr.A.K.Rajaraman For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R6

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the 2nd respondent to dispose of the appeal that is pending in Na.Ka.No.A4/8850/2018 dated 27.12.2018 within the time frame fixed by this Court.

2.

Heard Mr.A.K.Rajaraman, learned counsel for the petitioner and 2/6

Mr.A.Selvendran, learned Special Government Pleader for Respondents 1 to 6. 3.

The case of the petitioner is that the property was originally owned by one Muthusamy and the patta also stands in his name in Patta No.459. After his demise, the property was inherited by the legal heirs of the said Muthusamy. However, the patta was erroneously transferred to the name of one Marimuthu. Aggrieved by the same, the mother in law of the petitioner submitted an appeal before the 2nd respondent seeking for the cancellation of the patta that stood in the name of Marimuthu and for issuance of patta in the name of the legal heirs of late Muthusamy. This appeal was kept pending from the year 2018 and in the meantime, the mother in law of the petitioner died. Left with no other alternative, the present writ petition has been filed before this Court seeking for a direction to the 2nd respondent to dispose of the appeal within the time frame fixed by this Court.

4.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 2nd respondent to hear the appeal that is pending in Na.Ka.No.A4/8850/2018 dated 3/6

27.12.2018 after affording an opportunity to both the parties and pass orders on its own merits and in accordance with law within a period of six weeks from the date of receipt of the copy of this order. The 2nd respondent shall issue notice to the other legal heirs of Valliammal, since the said Valliammal who filed the appeal has already expired.

5.

This writ petition is disposed of with the above directions. No costs.

06.02.2025 Index : Yes/No Internet : Yes/No Speaking Order / Non Speaking Order rka 4/6

To

1. The District Collector, District Collectorate,

2. The Sub Collector, District Collectorate,

3. District Revenue Officer, District Revenue Office,

4. The Thasildhar Taluk Office, Vanapuram Taluk,

5. The Revenue Divisional Inspector (Surveyor), Taluk Office, Vanapuram Taluk,

6. Village Administrative Officer, Village Administrative Office, Pachhar Village, Vanapuram, 5/6

N. ANAND VENKATESH, J.

rka W.P.No.3502 of 2025 06.02.2025 6/6