Veera Mardhu Pandiyan v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.7909 of 2024 Veera Mardhu Pandiyan ... Petitioner versus 1.The District Revenue Officer, Thiruvallur District, Thiruvallur.
2.T.Yogaraj ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to dispose of the appeal dated 05.01.2024 filed by the second respondent pending on the file of the first respondent.
For Petitioner :
Mr.P.Krishnan For Respondents :
Mr.S.J.Mohamed Sathik Government Advocate for R1 Page Nos.1/5
O R D E R
Mr.S.J.Mohamed Sathik, learned Government Advocate accepts notice for the first respondent. Since this writ petition is being disposed of without passing any adverse orders against the second respondent, affecting his interest, notice to the second respondent is dispensed with.
2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the first respondent to dispose of the appeal dated 05.01.2024 filed by the second respondent.
3. The learned counsel for the petitioner submitted that the petitioner has purchased the subject property vide Doc.No.3025/2010 on the file of the Sub Registrar Officer, Red Hills. Ever since he is in peaceful possession and enjoyment of the said property. That being so, the Sub Collector, Ponneri passed an order dated 09.11.2023 to issue Patta in the name of the petitioner. Aggrieved by the same, the second respondent herein preferred an appeal before the first respondent on 05.01.2024. However, the first respondent has Page Nos.2/5
not disposed of the said appeal so far. Hence, the present writ petition has been filed.
4. Heard both sides and perused the materials available on record. 5.Since this writ petition is filed for Mandamus simpliciter, to direct the first respondent to consider the appeal of the second respondent dated 05.01.2024, this Court, without expressing any view or opinion with regard to the merits of the case, directs the first respondent to consider the said appeal dated 05.01.2024 and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner and the second respondent herein as well as rival claimants/interested parties/aggrieved parties/objectors if any, as the case may be. Such exercise shall be completed within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.
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6. With the above directions, the writ petition is disposed of. There shall be no order as to costs.
26.03.2024 Index: Yes/No Speaking Order : Yes/No ms To The District Revenue Officer, Thiruvallur District, Thiruvallur.
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P.VELMURUGAN, J.
ms W.P.No.7909 of 2024 26.03.2024 Page Nos.5/5