Madras High CourtWP/16540/2021disposed of

N.Amulu v. The Revenue Divisional Officer

2021-08-09Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2021

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN W.P.NO.16540 OF 2021 N.Amulu ... Petitioner .Vs.

The Revenue Divisional Officer, Vellore, Vellore District.

... Respondent PRAYER:- Writ Petition is filed under Article 226 of Constitution of India for writ of Mandamus, Directing the respondent herein to consider the Petitioner's appeal dated 28.04.2021 and dispose of the same on merits and in accordance with law within a stipulated time.

For Petitioner : Mr.P.R.Thiruneelakandan For Respondent : Mr.K.M.D.Muhilan Government Advocate

O R D E R

Limited scope in the writ petition is to issue a mandamus to the respondent/Revenue Divisional Officer to consider the appeal which has been filed on 28.04.2021 against the order passed by the Tahsildar. The entire issue relates to the land measuring to an extent of 2214 sq.ft in survey no.32 in Vellore. It has been claimed by the writ petitioner that the land belongs to her paternal grand mother who had acquired title by a registered document Doc.No.2885 of 1962. The petitioner had also executed a registered Will, which has been registered as Document No.209/1989.

2. The grand mother and the father of the petitioner have died. The petitioner claims that her mother, 4 other daughters and 2 other sons are alive, which would indicate that the https://hcservices.ecourts.gov.in/hcservices/

petitioner is entitled to 1/7th share in the property. A settlement deed was also executed among the parties. Thereafter the petitioner sought patta and approached the Tahsildar for the same. In the meanwhile, joint patta had been issued by the Tahsildar and the petitioner herein sought cancellation of the said joint patta. That was refused. Therefore, the petitioner preferred an appeal before the respondent/Revenue Division Officer, Vellore. The present writ petition is filed to consider the appeal preferred by the petitioner and to dispose the same within a reasonable period of time.

3. Accordingly, a mandamus is issued to the respondents to issue notice to the concerned parties including the petitioner and to anybody else who are directly or indirectly interested in the proceedings of the said appeal and thereafter pass orders on or before 30.11.2021, and the appeal has been filed in proper form and is otherwise in order, dispose of the same. If it is not in proper form, the respondent may return the papers back to the petitioner with a request to represent/present the same in a proper form. If that exercise is undertaken, the outer limit of 30.11.2021 is extended till 31.01.2022.

4. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ak To The Revenue Divisional Officer, Vellore, Vellore District.

+1cc to the Government Pleader, S.R.No.39787 W.P.NO.16540 OF 2021 PCH(CO) PBS/14/09/2021 https://hcservices.ecourts.gov.in/hcservices/