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Madras High CourtWP/6425/2023disposed of

Chinnamuniyappa v. The Revenue Divisional Officer

2023-03-03Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Chinnamuniyappa ... Petitioner Vs 1.The Revenue Divisional Officer, Office of Sub Registrar, Hosur - 635 109, Krishnagiri District.

2.The Tahsildar, Hosur, Krishnagiri District.

3.M.Ravichandiran ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to consider th appeal submitted on 28.11.2022 preferred for cancellation of patta No.2060 which was erroneously issued by the 2nd respondent in favour of the 3rd respondent in respect of petitioner's property comprised in S.No.332/1B measuring an extent of 13 cents, situated at Aalur Village, Hosur Taluk, Krishnagiri District.

For Petitioner : Mr.M.Mohamed Riyaz For Respondents : Mr.P.Sathish Additional Government Pleader for R1 and R2 1/4

O R D E R

The prayer sought for herein is for a writ of mandamus directing the 1st respondent to consider th appeal submitted on 28.11.2022 preferred for cancellation of patta No.2060 which was erroneously issued by the 2nd respondent in favour of the 3rd respondent in respect of petitioner's property comprised in S.No.332/1B measuring an extent of 13 cents, situated at Aalur Village, Hosur Taluk, Krishnagiri District.

2. As against the order passed by the 2nd respondent Tahsildar granting patta in favour of the 3rd respondent, the petitioner preferred appeal under the provisions of the Patta Passbook Act to the 1st respondent Revenue Divisional Officer on 28.11.2022 in respect of property at Survey No.332/1B situated at Aalur Village, Hosur Taluk, Krishnagiri District, therefore in order to consider the said appeal and decide the same on merits and in accordance with law within a time frame, the petitioner has moved the present writ petition.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 and

2. In view of the order going to be passed in this writ petition, notice to the 2/4

3rd respondent is hereby dispensed with.

4. The learned Additional Government Pleader for respondents 1 and 2 would submit that the said appeal filed and it is pending before the 1st respondent would be considered and decided on merits and in accordance with law of course after giving an opportunity of being heard to both petitioner as well as the 3rd respondent within a time frame.

5. Considering the said submission made by the learned Additional Government Pleader for the official respondents, this Court is inclined to give a direction to the 1st respondent to consider the appeal filed by the petitioner dated 28.11.2022 and decide the same after giving an opportunity of being heard to both petitioner as well as the 3rd respondent within a period of eight weeks from the date of receipt of a copy of this order.

6. With this direction, this Writ Petition is disposed of. No costs. 03.03.2023 Index : Yes / No Speaking Order : Yes / No Sgl 3/4

R.SURESH KUMAR, J.

Sgl To 1.The Revenue Divisional Officer, Office of Sub Registrar, Hosur - 635 109, Krishnagiri District.

2.The Tahsildar, Hosur, Krishnagiri District.

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