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Madras High CourtWP/18377/2015disposed of

S.Dhandapani v. The District Revenue Officer

2015-06-25Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 25-06-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.18377 OF 2015 S.Dhandapani

...Petitioner

-vs1. The District Revenue Officer, Office of the District Revenue Officer, Kancheepuram.

2. SNJ Infrastructure Property Developers (P) Ltd., Rep. by its Director N.Jayamurugan, Chennai - 35.

3. N.J.M.Infrastructure Ltd., Rep.by its Director, N.Jayamurugan, Chennai - 600 035.

...Respondents

Writ Petition has been filed praying for issuance of a writ of mandamus, directing the first respondent to dispose of the Appeal, dated 06.08.2012, pending before the first respondent within a stipulated time fixed by this Court.

For petitioner :

Mr.S.Raveekumar For respondent 1 :

Mr.RM.Muthukumar, Govt.Advocate.

O R D E R

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

2. The petitioner would state, among other things, that as per the wish of the testator of the Settlement Deed, registered as Doc.No.811/1959, on the file of the Sub-Registrar, Chenglepet, the properties are maintained and enjoyed as joint properties and the income arose out of the same is being used for Hindu Religious and Charitable purposes. The petitioner would further state that one Thomas filed an application before the Tahsildar, https://hcservices.ecourts.gov.in/hcservices/

Maduranthagam, to transfer patta in his name based on an unregistered Will, dated 12.12.1991, and, the Tahsildar, without conducting any enquiry and without affording an opportunity to the other joint pattadars, has ordered to delete the names of registered holders of patta and to register the name of the said Thomas vide his proceedings, dated 25.03.1997. Aggrieved over the same, the petitioner has preferred an appeal before the first respondent on 06.08.2012 and the office of the first respondent also issued a notice to the petitioner on 30.08.2012, indicating that an enquiry would be held on 27.09.2012. According to the petitioner, he also appeared for the said enqiury along with relevant documents and, thereafter, nothing has transpired and, hence, he has come forward to file this Writ Petition.

3. Heard the submissions of Mr.RM.Muthukumar, learned Government Advocate, who accepts notice on behalf of first respondent.

4. This Court, taking into consideration the limited scope of the prayer and without going into the merits of the case, directs the first respondent, to consider and dispose of the appeal of the petitioner, dated 06.08.2012, in accordance with law, after putting all the persons concerned on notice, and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken thereon to the petitioner as well as the persons concerned.

5. Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dixit To The District Revenue Officer, Office of the District Revenue Officer, Kancheepuram.

1 CC to Mr.S.Raveekumar, Advocate SR.No. 31703 1 CC to the Government Pleader, SR.No. 31450 W.P.Nos.18377/2015 MSM (CO) PSI (06.07.2015) https://hcservices.ecourts.gov.in/hcservices/