Madras High CourtWP/8902/2021disposed of

Vinoth v. The Revenue Divisional Officer

2021-04-09Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No.8902 of 2021 Vinoth

...Petitioner

Vs 1.The Revenue Divisional Officer, Madurantagam,

2. The Tahsildar, Cheyyur Taluk, Cheyyur,

3. G. Indira W/o. late R.Govindasamy

4. A. Vijayalakshmi, D/o. late R.Govindasamy

5. D. Varalakshmi, D/o. late R. Govindasamy

6. G. Prabhakaran, S/o. late R. Govindasamy

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to dispose the petitioner's appeal dated 12.12.2020 filed for cancelling the patta in S.F.No.222/2 situate at No.102, Nerkunampattu Village, Cheyyur Taluk, Chengalpet District and to restore the same in the name of the petitioner in accordance with law and within a stipulated period. For petitioner :

Mr. K. Govi Ganesan For respondents :

Mr.M. Manigopi Gov. Advocate R1 & R2

ORDER

This writ petition has been filed seeking a direction to the first respondent to dispose the petitioner's appeal filed for cancellation of patta.

2. The grievance of the petitioner is that to cancel the patta granted in the name of Govindasamy, he filed an appeal before the first respondent on 12.12.2020. But, so far no order has been passed by the first respondent. Hence, the present writ petition has been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondents 1 and 2.

4. Considering the facts and circumstances of the case and the limited prayer sought for in the writ petition, and also the fact that the petitioner's appeal, dated 12.12.2020 is pending with the first respondent, without going into the merits of the case, the first respondent is directed to consider the petitioner's appeal dated 12.12.2020 and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioner as well as other affected parties, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrp To 1.The Revenue Divisional Officer, Madurantagam,

2. The Tahsildar, Cheyyur Taluk, Cheyyur, +1cc to Mr.K.Govi Ganesan, Advocate, S.R.No.22624 +1cc to the Government Pleader, S.R.No.22786 W.P. No. 8902 of 2021 GPL(CO) RN(10/05/2021)