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Madras High CourtWP/31775/2012disposed of

Mrs. Amudha, v. The District Revenue Officer,

2020-01-29Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.31775 of 2012 and M.P.Nos.1 & 2 of 2012 1.Amudha 2.Suguna ...

Petitioners Vs.

1.The District Revenue Officer, Villupuram District, Villupuram.

2.The Special Tahsildar (ADW), Ulundurpet Taluk, Villupuram District.

...

Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Certiorari call for the records of the 1st respondent in Na.Ka.No.M5/34178/2010 dated 14.09.2011 and quash the same.

For Petitioner : Mr.S.Saravana Kumar For Respondents : Mr.R.S.Selvam Government Advocate

ORDER

This Court by its earlier order dated 06.01.2020 directed the learned Government Advocate appearing for the respondents to find out whether notice in the enquiry proceedings was duly served on the petitioner or not.

2.Today, as directed by this Court, the learned Government Advocate appearing for the respondents has produced a statement given by the petitioner's husband Mr.Veeramani and the second petitioner's husband Mr.Siva to the respondents in the enquiry proceedings, which resulted in the final order dated 14.09.2011 passed by the first respondent. Since the petitioners have been duly served, the only remedy is to challenge the final order dated 14.09.2011 passed by the first respondent before the 1/3

competent authority under the Patta Pass Book Act. Instead of challenging the final order passed by the first respondent before the competent authority, the petitioners have filed this writ petition before this Court.

3.The learned counsel appearing for the petitioners on instructions, submitted that the petitioners may be permitted to file statutory appeal as prescribed under the Patta Pass Book Act as against the order dated 14.09.2011 passed by the first respondent. However, he seeks liberty to file an appeal within the time to be fixed by this Court, since the prescribed period as stipulated under the Revenue Standing orders has now expired. 4.Considering the submission made by the learned counsel appearing for the petitioners and considering the fact that the petitioners are from the downtrodden society, this Court permits the petitioners to file the statutory appeal before the competent authority against the order dated 14.09.2011 passed by the first respondent within a period of 15 days from the date of receipt of a copy of this order.

With the aforesaid directions, this writ petition is disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar sms To 1.The District Revenue Officer, Villupuram District, Villupuram.

2.The Special Tahsildar (ADW), Ulundurpet Taluk, Villupuram District.

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+1 cc to the Government pleader sr7713 +1 cc to Mr.S.Saravanakumar Advocate sr6770 W.P.No.31775 of 2012 and M.P.Nos.1 & 2 of 2012 aa27/02/2020 3/3