Madras High CourtWP/14084/2015disposed of

M.Rajadurai v. The Revenue Divisional

2015-06-01Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 01.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.14084 of 2015 M.Rajadurai .. Petitioner

Versus

1.The Revenue Divisional Officer, Office of Sub-Collector, Tindivanam.

2.The Thasildar, Tindivanam.

3.Vatsala .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the first respondent to take up the appeal filed by the petitioner dated 06.04.2009 against the order of the second respondent in Na.Ka.F24/2008 dated 19.03.2009 relating to patta RTR 808/2008 dated 08.08.2008 and to dispose of the same within a fixed time frame after hearing the petitioner.

For Petitioner : Mr.J.Srinivasa Mohan For RR1 and 2 : Mr.R.Govindasamy, Additional Government Pleader

O R D E R

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

2. The petitioner claims that he has purchased the lands in Old Survey No.516/1 & 2 during the year 2008 and after purchase, he applied for transfer of patta in his name. The petitioner in the interregnum period came to know that the patta was transferred in the name of one Vatsala who is the third respondent herein and the petitioner has submitted an objection to the said transfer made in favour of the third respondent herein and it was rejected vide order dated 19.03.2009 by the second respondent. Challenging the legality of the same, the petitioner filed an appeal before the Revenue Divisional Officer, Tindivanam on 06.04.2009 and the same is now https://hcservices.ecourts.gov.in/hcservices/

pending. Since the appeal filed by the petitioner is pending for many years without disposal by the first respondent, the petitioner is constrained to approach this Court by filing this writ petition seeking appropriate direction to the first respondent.

3. Heard the submissions of Mr.J.Srinivasa Mohan, learned counsel appearing for the petitioner and Mr.R.Govindasamy, learned Additional Government Pleader, who accepts notice for the respondents 1 and 2.

4. Taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the appeal filed by the petitioner, this Court, directs the first respondent to dispose of the appeal dated 06.04.2009 filed by the petitioner, after putting on notice the third respondent, on merits and in accordance with law and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as the third respondent.

5. The writ petition is disposed of, accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed. Jbm -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.The Revenue Divisional Officer, Office of Sub-Collector, Tindivanam.

2.The Thasildar, Tindivanam.

1 cc to Mr.J.Srinivasa Mohan, Advocate SR 25855 1 cc to Govt.Pleader SR 25872 tm(co) prk12/6 W.P.No.14084 of 2015 https://hcservices.ecourts.gov.in/hcservices/