← Library
Madras High CourtWP/12373/2015disposed of

Subramanian, v. The District Revenue Officer,

2015-04-24Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.12373 of 2015 and M.P.Nos.1 and 2 of 2015 Subramanian ..

Petitioner Vs.

1.The District Revenue Officer, Perambalur District, Perambalur.

2.The Sub-Collector, Perambalur, 3.The Tahsildar, Kunnam Taluk, 4.Thiru Sengamalai ..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records pertaining to the orders passed by the second respondent in Mu.MU A2/5801/2013 dated 18.09.2014 relating to issuance of joint patta in respect of the land in Survey No.37/2F of Periyavenmani East Village, Kunnam Taluk, Permablur District and quash the same.

For Petitioner :

Mr.S.Kamadevan For Respondents :

Mr.V.Subbiah, Special Govt. Pleader for R1 to R3

O R D E R

By consent, this writ petition is taken up for final disposal.

2. The petitioner, aggrieved by the order of the second respondent dated 18.09.2014 with regard to alteration in the patta, filed an appeal before the first respondent, which was also acknowledged by them on 21.01.2015 and since no steps have been taken, has came forward to file this writ petition.

3. Mr.S.Kamadevan, learned counsel appearing for the

petitioner would submit that now the second respondent is in-charge of the post of the first respondent, he cannot decide the appeal and hence, prays for appropriate orders.

4. Heard Mr.V.Subbiah, learned Special Government Pleader, who accepts notice for the respondents 1 to 3 and would submit that in the light of the above facts and circumstances, appropriate orders may be passed.

5. This Court, without going into the merits of the appeal submitted by the petitioner to the first respondent, directs the Office of the District Revenue Officer, Perambalur to transfer the appeal petition to the file of the District Revenue Officer, Ariyalur, within a period of two weeks from the date of receipt of a copy of this order and the District Revenue Officer, Ariyalur, on receipt of the appeal and other connected papers/records, shall put on notice the fourth respondent and dispose of the appeal in accordance with law, within a period of eight weeks thereafter. In the interregnum, if any Officer is appointed as District Revenue Officer, Perambalur, he can dispose of the appeal in accordance with law, after putting on notice the fourth respondent within the time stipulated above. The petitioner is also at liberty to move an application for stay before the appropriate authority.

6. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar jvm To 1.The District Revenue Officer, Perambalur District, Perambalur.

2.The Sub-Collector, Perambalur,

3.The Tahsildar, Kunnam Taluk, 4 The District Revenue Officer, Ariyalur.

+1 CC to Mr.S.Kamadevan, Advocate SR.NO. 23116 +1 CC to Government Pleader, SR.NO. 22889/15 W.P.No.12373 of 2015 KGK(CO) PKS : 19/05/2015