V.Raman(Deceased) v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.30741 of 2013

1. V.Raman (Deceased)

2. Mallika

3. Vediappan

4. Bhuvneshwari

5. Samundeeswari * ... Petitioners *P2 to P5 are substituted as LRs of Deceased sole petitioner as per order dated 22.01.2020 in WMP No.27864 of 2017 Vs

1. The Revenue Divisional Officer, Krishnagiri District, Krishnagiri.

2. The Tahsildar, Uthankarai Taluk, Uthankarai Krishnagiri District.

3. K.Jayalakshmi ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent herein to consider and dispose of the appeal dated 17.12.2012 sent by the petitioner on merits and within a stipulated period. For Petitioners : Mr.K.Govi Ganesan For Respondents : Mr.R.S.Selvam Government Advocate for R1 and R2 Mr.K.Subburam for R3

ORDER

This writ petition has been filed for a Mandamus to direct the first respondent to consider and dispose of the appeal dated 17.12.2012 filed by the petitioner as against the order dated 21.11.2012 passed by the second respondent.

2. The contention of the petitioners in this writ petition is that the patta issued to V.Raman, the deceased petitioner before his death in respect of his property has been illegally cancelled. Hence, this writ petition seeks for a direction to the first respondent to dispose of the appeal, within a time frame to be fixed by this Court.

3. Heard Mr.K.Govi Ganesan, learned counsel for the petitioner, and Mr.R.S.Selvam, learned Government Advocate for the 1st and 2nd respondents and Mr.K.Subburam, learned counsel for the third respondent.

4. Admittedly, the appeal filed by the first petitioner is still pending on the file of the first respondent. This being the case, this Court is inclined to direct the first respondent to dispose of the appeal dated 17.12.2012, filed by the petitioner, aggrieved by the order dated 21.11.2012 passed by the second respondent in Na.Ka.No.8824/2012/B3 and pass final orders on merits and in accordance with law after giving opportunity to the petitioners to place all their submissions with regard to the cancellation of patta which was earlier standing in the name of V.Raman, the deceased petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the aforesaid directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vsi2 To 1.

The Revenue Divisional Officer, Krishnagiri District, Krishnagiri.

2.

The Tahsildar, Uthankarai Taluk, Uthankarai, Krishnagiri District.

+1cc to Mr.K.Subburam, Advocate, S.R.No.8753 +1cc to Mr.K.Govi Ganesan, Advocate, S.R.No.8793 +1cc to the Government Pleader, S.R.No.9495 W.P.No.30741 of 2013 VSNII(CO) CS/28/05/2020