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Madras High CourtWP/15709/2021disposed of

R. Mohan Ranganathan v. The Commissioner For

2021-07-28Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No.15709 of 2021 R. Mohan Ranganathan

...Petitioner

Vs

1. The Commissioner of Land Administration, Chepauk, Chennai -600 005.

2. The Settlement Officer, Survey and Settlement Office, 3rd floor, Chepauk, Chennai 600 005.

3. The District Revenue Officer, Kallakurichi, Kallakurichi District.

4. The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.

5. The Tahsildar, Kallakurichi Taluk, Kallakurichi District.

6. Naresh Kumar, Power Attorney Agent of Geethesan, Sridharan Bungalow, No.339/837, Salem-Cuddalore Road, Ranipet Attur PO, Salem District 636 102.

7. Geethesan

8. Velu

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th respondent to conduct enquiry on the appeal of the petitioner dated 29.12.2020 for cancellation of the patta No.5656, 5655 & 5 issued by the 5th respondent in the name of the 7th and 8th

respondents based on the circular of the 1st respondent in Ref.No.K3/27160/2008 dated 13.03.2018 and to pass orders after affording an opportunity of hearing to the respondents 6 to 8. For petitioner ...

Mr. K. Aswini Devi For respondents ...

Mr. Yogesh Kannadasan Government Advocate for R1 to R5

ORDER

This writ petition has been filed to direct the 4th respondent to conduct enquiry on the appeal filed by the petitioner dated 29.12.2020.

2. According to the petitioner, against the order passed by the Tahsildar/5th respondent regarding the issuance of patta No.5656, 5655 & 5 in favour of the respondents 7 & 8, the petitioner said to have filed an appeal, on 29.12.2020, before the 4th respondent/ Revenue Divisional Officer. But, the appeal is not disposed of, so far. Hence, the present writ petition has been filed.

3. The learned counsel for the petitioner would submit that the appeal is pending for a long time and he will be satisfied if direction is issued to the 4th respondent/ Revenue Divisional Officer to consider the appeal and pass orders on merits after hearing the petitioner and other interested persons.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 to 5.

5. Considering the facts and circumstances of the case and considering limited prayer sought for in the writ petition, and the petitioner's appeal dated 29.12.2020 is pending with the 4th respondent/Revenue Divisional Officer, the 4th respondent is directed to consider the petitioner's appeal and pass suitable orders, on merits and in accordance with law, after hearing the petitioner as well as the respondents 6 to 8, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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

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

mrp To

1. The Commissioner of Land Administration, Chepauk, Chennai -600 005.

2. The Settlement Officer, Survey and Settlement Office, 3rd floor, Chepauk, Chennai 600 005.

3. The District Revenue Officer, Kallakurichi, Kallakurichi District.

4. The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.

5. The Tahsildar, Kallakurichi Taluk, Kallakurichi District.

+5cc to M/s.K.Aswini Devi, Advocate, S.R.No.36615 +1cc to the Government Pleader, S.R.No.36953 W.P. No. 15709 of 2021 PL(CO) SB(23/08/2021)