M.Sampoornam v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.12204 of 2019 M.Sampoornam

...Petitioner

Vs.

1.The District Revenue Officer Office of the District Collector Salem - 636 001.

2.The Revenue Divisional Officer 3.The Deputy Tahsildar 4.Lakshmi @ Lakshmayammal 5.Parvathavarthini @ Parvathammal 6.Bhagyam @ Bhagyammal 7.Vimalammal

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to consider the appeal of the petitioner dated 28.09.2018 as against the order dated 25.07.2018 passed by the second respondent in Ne.Mu.No.1098/2020/A within such time frame as may be fixed by this Court.

For Petitioner :

Mr.T.Sai Krishnan For Respondent :

Mr.E.Balamurugan Special Government Pleader for R1 to R3

O R D E R

Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents 1 to 3. Since this writ petition is

being disposed of, without affecting the interest of the respondents 4 to 7, notice to the said respondents is dispensed with.

2. The petitioner seeks for a mandamus directing the first respondent to consider her appeal dated 28.09.2018 filed as against the order dated 25.07.2018 passed by the second respondent, arising out of patta proceedings.

3. Heard both sides.

4. The grievance of the petitioner before this Court is that even though she filed the appeal on 28.09.2018, the first respondent has not disposed the same so far.

5.This Court, at this stage, is not expressing any view on the merits of the appeal filed by the petitioner, as it is for the first respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the first respondent to dispose the appeal dated 28.09.2018 and pass orders on the same on merits and in accordance with law, after hearing the petitioner, the respondents 4 to 7 and other interested parties, if any. Such exercise shall be done by the first respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mk To 1.The District Revenue Officer Office of the District Collector Salem - 636 001.

2.The Revenue Divisional Officer

3.The Deputy Tahsildar +1 CC to Govt. Pleader sr 41320.

+1 CC to Mr.T.Sai Krishnan, Advocate sr 39438. W.P.No.12204 of 2019 NA(CO) SP(28/05/2019)