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Madras High CourtWP/13393/2021disposed of

Duraisamy v. The Sub Collector

2021-06-28Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.13393 of 2021 A.Duraisamy S/o. Arunachala Gounder ... Petitioner Vs.

1. The Sub-Collector, Perambalur, Perambalur Dt.

2. The Tahsildar, Chettikulam Revenue Village, Alathur Taluk, Perambalur Dt.

3. Alagappan, S/o. Arunachala Gounder ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st Respondent to dispose the appeal No.2018/9005/16/415332/0530, dated 30.05.2018 expeditiously within stipulated time framed by this Hon'ble Court. For Petitioner :

Mr.J.Milton Arul Rajendran For Respondent :

Mr.Yogesh Kannadasan, Government Advocate for R1 and R2

O R D E R

(The case has been heard through video conference) The Writ Petition has been filed seeking a direction directing the 1st respondent herein to dispose the appeal dated 30.05.2018 filed by the petitioner within a time frame as fixed by this Court.

2. In view of the order is going to be passed in the present Writ Petition, which will not prejudice the interest of the 3rd respondent, notice to the 3rd respondent is dispensed with.

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3. The grievance of the petitioner is that, the petitioner and his brother, who is arrayed as 3rd respondent herein are jointly enjoying various survey numbers. Earlier, a joint patta was also granted in their name. Subsequently, without notice to the petitioner, an exclusive patta has been granted in favour of 3rd respondent by the 2nd respondent. Challenging the same, the petitioner has filed an appeal before the 1st respondent on 30.05.2018. But, so far, his appeal was not considered and no order has been passed on it. Hence, the present writ petition has been filed by the petitioner.

3. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the 1st respondent is directed to consider the petitioner's appeal and to pass suitable orders on merits in accordance with law after giving notice to the petitioner as well as 3rd respondent within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar rpp To

1. The Sub-Collector, Perambalur, Perambalur Dt.

2. The Tahsildar, Chettikulam Revenue Village, Alathur Taluk, Perambalur Dt.

+1cc to the Government Pleader, S.R.No.30264 W.P.No.13393 of 2021 SKY(CO) CB(19/07/2021) https://hcservices.ecourts.gov.in/hcservices/