Pachayammal v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 24.06.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.17102 of 2015 Pachayammal
...Petitioner
Versus
1. The Commissioner Land Administration Ezhilagam Chepauk Chennai.
2 The District Revenue Officer Thiruvannamalai.
3 The Revenue Divisional Officer Thiruvannamalai.
4. Boominathan
5. Rajeswari
6. Mani Alagan
7. Vijayakumar
8. Manjula
9. Valarmathi
10. Selvi
...Respondents
[R4 to R10, impleaded vide order of this Court dated 24.06.2015 made in M.P.No.1 of 2015 in W.P.No.17102 of 2015] Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 1st respondent to dispose of the appeal filed by the petitioner on 28.01.2014.
For Petitioner :
Mr.G.Rajan For Respondents :
Mr.V.Subbiah, (for R1 to R3) Special Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal.
2. The petitioner claims to be the successor-in-title in respect of the property in S.No.159/3, admeasuring to an extent of 0.03 acres, Plot No.10, situated at Sathanur Village, Thandarampatu Taluk, Thiruvannamalai District and aggrieved by the act of the 4th respondent in getting the property sub divided and obtaining patta, without cancellation of assignment granted in favour of one Pachayappan Konar vide proceedings dated 16.01.1984, preferred an appeal before the 2nd respondent, who vide order dated 09.07.2013, cancelled the patta granted in favour of Bhoominathan and Rajeswari, the respondents 4 and 5 herein, in respect of lands in S.No.159/16 & 159/17. The Respondents 4 and 5, preferred an appeal before the District Revenue Officer, Thiruvannamalai, challenging the said order and the said official has reversed the order passed by the 2nd respondent. The petitioner aggrieved by the said order filed an appeal before the 1st respondent on 28.01.2014 and since, it has not been given a disposal expeditiously, came forward to file this writ petition.
3. Heard the submissions of Mr.G.Rajan, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of respondents 1 to 3.
4. This Court, taking into consideration the limited scope of the prayer and without going into the merits of the claim projected by the petitioner in this writ petition, directs the 1st respondent to consider the petitioner's appeal dated 28.01.2014 in accordance with law, after putting on notice the respondents 4 to 10 and pass orders as expeditiously as possible and not later than six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the private respondents.
5. The writ petition is disposed of, accordingly. No costs.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ars To
1. The Commissioner Land Administration Ezhilagam Chepauk Chennai.
2 The District Revenue Officer Thiruvannamalai.
3 The Revenue Divisional Officer Thiruvannamalai.
1 CC to Mr.G.Rajan, Advocate SR.No. 31008 1 CC to the Government Pleader, SR.No. 31287 W.P.No.17102 of 2015 VSN (CO) PSI (10.07.2015)