Madras High CourtWP/32687/2017disposed of

P.Velliyangiri, v. The District Revenue Officer

2017-12-15Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.32687 of 2017 P.Velliyangiri ..Petitioner Vs.

1. The District Revenue Officer,

2. The Revenue Divisional Officer,

3. The Tahsidlar, Tiruppur Taluk,

4. Rathinasamy

5. Lakshmi

6. Srikanth

7. Nirmal Devi

8. Sivakami .. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 1st respondent to dispose of the petitioner's second appeal dated 15.12.2016 preferred against the order in the appeal passe din Na.Ka.No.3478/2015/A2 on the file of 2nd respondent dated 28.10.2016 within the time stipulated by this court.

For Petitioner : Mr.V.Elangovan For Respondents : Mr.R.Govindasamy Additional Government Pleader for R1 to R3 R4 TO R4-NOTICE DISPENSED WITH

O R D E R

Mr.R.Govindasamy, learned Additional Government Pleader takes notice for the respondents 1 to 3. Since the present writ petition is being disposed of without affecting the interest of the respondents 4 to 8, notice to those respondents is dispensed with.

2. The petitioner seeks for a Mandamus directing the first respondent to consider and pass orders on the appeal preferred by him against the order passed by the second respondent arising out of the patta proceedings.

3. It appears that there is a dispute between the petitioner and the respondents 4 to 8 in respect of issuance of patta in respect of the subject matter land.

4. Learned counsel for the petitioner submitted that the petitioner has preferred an appeal against the order passed by the second respondent on 15.12.2016 and the said Appeal is still kept pending without passing the final order. He further submitted that though an enquiry notice was issued to the petitioner on 25.01.2017 and the petitioner has also attended such enquiry on 03.02.2017, the first respondent has not passed the order till this date.

4. Therefore, without expressing any view on the merits of the contentions raised by the petitioner on the issue pending before the first respondent, this Writ Petition is disposed of by directing the first respondent to pass orders on the appeal presented by the petitioner on merits and in accordance with law after hearing all the parties concerned namely, the petitioner as well as the respondents 4 to 8. Such exercise shall be done by the first respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vsi To

1. The District Revenue Officer,

2. The Revenue Divisional Officer,

3. The Tahsidlar, Tiruppur Taluk, +1cc to Mr.V.ELANGOVAN, Advocate, S.R.No. 90009 +1cc to the Government Pleader, S.R.No. 89929 W.P.No.32687 of 2017 TR(27/12/2017)