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Madras High CourtWP/5708/2022disposed of

K.Kasi v. The Revenue Divisional Officer

2022-03-15Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.5708 of 2022 K.Kasi ... Petitioner vs.

1. The Revenue Divisional Officer, Cheyyar Division, Tiruvattipuram, Cheyyar, Thiruvanamalai District.

2. K.Kannayaram

3. K.Amudha ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Revenue Divisional Officer, Tiruvanamalai District, the respondent herein to pass orders on the appeal of the petitioner, dated 06.01.2022, within the time stipulated by the Hon'ble Court. For Petitioner : Mr.E.P.Senniyangiri For Respondents : Mr.R.Vigneswaran Government Advocate

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 1st respondent to pass orders on the appeal of the petitioner, dated 06.01.2022, within the time stipulated by the Hon'ble Court.

2. Since no adverse order is being passed against the private respondents, notice to the private respondents is dispensed with.

3. The case of the petitioner is that the petitioner acquired the ancestral property in S.Nos.181/4 and 181/6 measuring an extent of 0.20 Hectares and 0.18 Hectares respectively situated in Kothanthavadi Village and the property being enjoyed by the brother of the petitioner is recorded in Patta No.92. While so, when the petitioner took printout of the Electronic Chitta, he came to know that his brother's name, one https://hcservices.ecourts.gov.in/hcservices/

Kannaiyuram Naidu was incorporated for the S.Nos.181/4 and 181/6. Hence, the petitioner applied under Right to Information Act and sought for details as to how the name of Kannaiyuram Naidu was updated and the same was responded vide order dated 11.06.2021 as against the same, the petitioner filed an Appeal dated 06.01.2022 before the 1st respondent. Since the same was not considered, the petitioner filed the present Writ Petition seeking the aforesaid relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 1st respondent to consider the petitioner's Appeal dated 06.01.2022 and pass orders on merits within a particular time frame that may be fixed by this Court.

5. The Government Advocate for 1st respondent has no objection for said order being passed.

6. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

7. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 1st respondent to consider the petitioner's Appeal dated 06.01.2022 and pass appropriate orders on merits and in accordance with law, after affording opportunity of hearing to the petitioner and the private respondents within a period of twelve weeks from the date of receipt of a copy of this order.

8. This writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To The Revenue Divisional Officer, Cheyyar Division, Tiruvattipuram, Cheyyar, Thiruvanamalai District.

+2cc to Mr.E.P.Senniyangiri, Advocate, S.R.No.17697 +1cc to the Government Pleader, S.R.No.18127 W.P.No.5708 of 2022 RK(CO) CT 19/04/2022 https://hcservices.ecourts.gov.in/hcservices/