Parasmal v. The Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.11918 of 2022 Parasmal ...... Petitioner Vs.

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

2. The Tahsildar, Anjatti Taluk, Krishnagiri District.

3. Shivanna ........Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ, Order or Direction particularly in the nature of a Writ of Mandamus directing the 1st Respondent herein to dispose of the Petitioner's Appeal dated 08.02.2022 filed for issuing Patta in his name in respect of his purchased lands measuring 504 square feet in Old Grama Natham S.F.No.491/5, New Grama Natham S.F.1168/12 situated at Anjetti Village & Taluk, Krishnagiri District, in accordance with law within a stipulated period.

For Petitioner : M/s.K. Govi Ganesan For Respondents : Mr. P. Sathish Additional Government Pleader for R1 & R2

ORDER

The present petition has been filed seeking a direction to the 1st Respondent to consider the appeal dated 08.02.2022 filed by the Petitioner for issuance of patta in his name with respect to the subject property within the time that may be stipulated by this Court.

2. Mr. P. Sathish, learned Additional Government Pleader takes notice for Respondents 1 & 2.

3. Since, no adverse order is being passed against the 3rd Respondent, notice to the 3rd Respondent is dispensed with.

4. It is the case of the petitioner that he purchased the subject property from his vendor Poongodi vide the registered Sale deed dated 01.12.2011 and since then the petitioner is in possession and enjoyment of the same. In order to transfer the patta in his favour with respect to the subject property, the petitioner made an application dated 16.11.2020 to the 2nd Respondent, however, the same was rejected by the 2nd Respondent. Aggrieved by the same, the petitioner filed an appeal before the 1st Respondent/Revenue Divisional Officer on 08.02.2022, however, till date, the said appeal has not been disposed of. Hence, the petitioner has come up with the present petition.

5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the 1st Respondent to dispose of the appeal made by the petitioner on merits, within the time that may be stipulated by this Court.

6. Learned Additional Government Pleader appearing for the Respondents 1 & 2 has no objection to the said order being passed.

7.In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the 1st Respondent/Revenue Divisional Officer to consider the appeal filed by the petitioner on 08.02.2022 and dispose of the same in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as the 3rd Respondent, within a period of twelve weeks from the date of receipt of a copy of this order.

8.Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR NHS To

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

2. The Tahsildar, Anjatti Taluk, Krishnagiri District.

+1cc to Mr.K.Govi Ganesan, Advocate Sr.32704 +1cc to the Government Pleader Sr.33060 W.P.No.11918 of 2022 gpl[co] srg 30/06/2022