Rukmani v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.14145 of 2022 Rukumani ... Petitioner Vs.

1. The District Revenue Officer, Cuddalore.

2. The Revenue Divisional Officer, Cuddalore.

3. The Special Thasildhar Adidravida Welfare, Cuddalore.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to pass appropriate orders in the Appeal Petition filed and sent by the petitioner through registered post on 14.03.2022. For Petitioner :

Mr.N.Suresh For Respondents:

Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the first respondent to pass appropriate orders in the Appeal Petition filed and sent by the petitioner through registered post on 14.03.2022. 2.The case of the petitioner is that the petitioner gave representation to the respondents for including her name in the revenue records on 26.04.2018 and since the same was not considered, she filed W.P.No.20653 of 2018 before this Court and pursuant to the order of this Court dated 11.08.2018 made in the said writ petition, the third respondent passed an order dated

09.07.2018 rejecting the request of the petitioner for issuance of patta. Aggrieved by the same, the petitioner filed appeal before the Sub Collector, Cuddalore and since the same was not considered, the petitioner filed W.P.No.17386 of 2021 before this Court. This Court vide order dated 15.09.2021 allowed the said writ petition and directed the second respondent therein to consider the petitioner's appeal and to pass appropriate orders. Thereafter, the second respondent passed an order dated 28.02.2022 rejecting the petitioner's appeal. Challenging the same, the petitioner preferred appeal before the first respondent and since the same has not yet been considered, has filed this writ petition.

3.The learned counsel appearing for the petitioner submitted that this Court may issue direction to the first respondent to consider the petitioner's appeal filed and sent by the petitioner through registered post on 14.03.2022 and to pass appropriate orders within a reasonable time frame. 4.Heard the arguments advanced on either side and perused the materials available on record. This Court finds no acknowledgement card annexed in the typed set of papers to prove that the petitioner has sent appeal to the first respondent. 5.At this juncture, the learned counsel appearing for the petitioner submitted that this Court may permit the petitioner to send a copy of the appeal along with the copy of this order to the first respondent so as to enable the first respondent to consider the same and pass appropriate orders. 6.

Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, permits the petitioner to send a copy of the appeal along with a copy of this order to the first respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to consider the petitioner's appeal, on merits and in accordance with law and to pass appropriate orders, within a period of twelve weeks thereafter.

7.This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar pri

To

1. The District Revenue Officer, Cuddalore.

2. The Revenue Divisional Officer, Cuddalore.

3. The Special Thasildhar Adidravida Welfare, Cuddalore.

+1cc to Mr.N.Suresh Advocate, S.R.No.33263 +1cc to the Government Pleader, S.R.No.33697 W.P.No.14145 of 2022 PL(CO) UMA(17/06/2022)