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Madras High CourtWP/14783/2022disposed of

K.Vaduvambal v. The District Revenue Officer

2022-06-15Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.14783 OF 2022 K.Vaduvambal ... Petitioner .Vs.

1. The District Revenue Officer, Land & Administration, Singaravelan Maaligai, Chennai - 600 001.

2. The Sub-Collector, Chennai.

3. The Tahsildar, Ayanavaram Taluk, Chennai - 600 023.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider and pass orders on the appeal memorandum dated 24.01.2020 and that of a reminder dated 12.04.2022 on merits and as per Rules within a time to be stipulated by this Court.

For Petitioner :

Mr.L.Chandrakumar For Respondents :

Mr.R.Vigneswaran Government Advocate

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the first respondent to consider and pass orders on the appeal memorandum dated 24.01.2020 and that of a reminder dated 12.04.2022 on merits and as per Rules within a time to be stipulated by this Court.

2. The case of the petitioner is that she is the obsolute owner of the property situated at T.S.No.11, Old S.No.89/1, Block No.25, Kolathur Village, Ayanavaram Taluk, Chennai Distirct. The revenue records were mutated in favour of the petitioner. While so, the petitioner made a representation dated 08.08.2016 before the third respondent, seeking issuance of Royatwari Patta in accordance with the Tamil Nadu Estates (Abolition & Conversion) into Royatwari Act, 1948, however, the said representation was rejected by the third respondent/ Tahsildar on 15.03.2017. Aggrieved by the same, the petitioner filed Writ Petition in W.P.No.578 of 2019, and this Court, by order dated 11.02.2019, issued direction to the Revenue Divisional Officer to pass appropriate orders. Thereafter, the Revenue Divisional Officer cancelled the Patta dated 28.11.

2019 in favour of the petitioner, against which the petitioner preferred an appeal dated 24.01.2020 before the District Revenue Officer and also the petitioner made reminder dated 12.04.2022 to consider his appeal. However, till date, no order has been passed. Hence, the petitioner has filed the present Writ Petition.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the first respondent to consider the petitioner's appeal dated 24.01.2020 and pass orders on merits within a particular time frame that may be fixed by this Court.

4. The learned Government Advocate appearing for the respondents has no objection for the said order being passed.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the first respondent to consider the petitioner's appeal dated 24.01.2020 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other aggrieved persons, if any.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

jd To 1.

The District Revenue Officer, Land & Administration, Singaravelan Maaligai, Chennai - 600 001.

2.

The Sub-Collector, Chennai.

3.

The Tahsildar, Ayanavaram Taluk, Chennai - 600 023.

+1cc to Mr.L.Chandrakumar, Advocate, S.R.No.36040 +1cc to the Government Pleader, S.R.No.36175 W.P.NO.14783 OF 2022 KK(CO) PBS/05/07/2022