G.Gnanasundaram, v. The Sub Collecting Revenue

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.16920/2016 G.Gnanasundaram ..

Petitioner

Versus

The Sub Collector/Revenue Divisional Officer Madurantakam, O/o.Revenue Divisional Office Kancheepuram District.

The Tahsildar Cheyyur, Taluk Office Cheyyur, Kancheepuram District.

Soundararajan .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 1st respondent to dispose the petitioner's appeal No.26/2016 dated 07.04.2016 within a shorter period of time after giving opportunity to all the parties concerned namely petitioner, 2 and 3rd respondents.

For Petitioner : Mr.S.Venkatesh For RR 1 & 2 : Mr.S.Govindasamy, Spl.GP

ORDER

By consent, the writ petition is taken up for final disposal.

The petitioner would state that the vacant house site in Survey No.1/1, admeasuring to an extent of 0.35 cents out of 0.45 cents, situated in Koovathurpettai, Koovathur village, Cheyyur Taluk, Kancheepuram District, belongs to the petitioner and his family members and however, joint patta was granted by the 2nd respondent to the petitioner along with the 3rd respondent and others and in this regard, the petitioner has filed a statutory appeal before the 1st respondent on 07.04.2016 and since no orders have been passed, the petitioner has come forward with this writ petition.

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The learned counsel for the petitioner would submit that the petitioner has also filed OS.No.70/2016 on the file of the District Munsiff Court, at Madurantakam, against Soundarrajan, Jaisankar and Thamu, for declaration of title in respect of the very same property and for other consequential reliefs and the said suit is pending and overlooking the pendancy of the said suit, joint patta has been granted and hence, he prays for appropriate orders.

Heard the submissions of Mr.S.Govindasamy, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 and 2.

This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the 1st respondent to consider and dispose of the petitioner's statutory appeal dated 07.04.2016 on merits and in accordance with law, after putting on notice, the persons concerned and pass orders within a period of ten 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 persons concerned.

The writ petition is disposed of accordingly. No costs.

AP s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To The Sub Collector/Revenue Divisional Officer Madurantakam, O/o.Revenue Divisional Office Kancheepuram District.

The Tahsildar Cheyyur, Taluk Office Cheyyur, Kancheepuram District.

+ 1 cc to Mr.S.Venkatesh, Advocate SR 28989 + 1 cc to Govt.Pleader SR 29081 gj(II)(co) prk9/6 W.P.No.16920/2016 https://hcservices.ecourts.gov.in/hcservices/