M.S.Kumar v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2015

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.15480 of 2015

1. M.S.Kumar S/o.Shanmugam

2. Prabakar S/o.Shanmugam

3. Sethupathy S/o.Shanmugam

4. A.Balasubramanian S/o.Kesavapandaram

...Petitioners

-Vs1. State represented by District Revenue Officer, Chengalpattu, Kancheepuram District.

2. The Revenue Divisional Officer, Office of Tambaram Taluk, Kancheepuram District.

3. Mrs.Nirmalaraj W/o.Madhavaraj

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents particularly the first respondent herein to consider petitioner's appeal dated 08.10.2014 and dispose of within the stipulated time in accordance with law.

For Petitioners : Mr.T.Arul For Respondents : Mr.V.Subbiah Special Government Pleader [R1 & R2] *****

O R D E R

By consent, the Writ Petition itself is taken up for final disposal.

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2. The petitioners claim that they are commonly enjoying the property in Survey No.164/2 at Door No.1, Park Street, Nootachery Village, Tambaram Taluk, Kancheepuram District admeasuring to an extent of 14 cents. The said property originally belonged to their grandfather and he has also got patta No.251 and after his demise, the petitioners became the owners of the property. 3.The brother of the grandfather had two sons and after one of the son died, a representation has been sent to the third respondent for issuance of separate patta and it was opposed. However, the second respondent without taking note of objections, has granted separate patta and challenging the illegality of the same, a memorandum of appeal was prepared before the first respondent on 08.10.2014 and since it has not been disposed of, the petitioner came forward to file this Writ Petition.

4. Heard the submissions made by Mr.T.Arul, learned counsel for the petitioners and Mr.V.Subbiah, who accepts notice for respondents 1 and 2.

5. This Court, without going into the merits of the appeal, directs the first respondent to dispose of the appeal in accordance with law, after putting on notice the 3rd respondent and pass orders as expeditiously as possible, not later than six weeks from the date of receipt of a copy of this order.

Accordingly, this Writ Petition is disposed of. No costs vsm s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The District Revenue Officer, Chengalpattu, Kancheepuram District.

2. The Revenue Divisional Officer, Office of Tambaram Taluk, Kancheepuram District.

+ 1 cc to Mr.T.Arul, Advocate SR 26459 + 1 cc to Govt.Pleader SR 26439 nm(co) prk16/6 W.P.No.15480 of 2015 https://hcservices.ecourts.gov.in/hcservices/