J.Radhakrishnan v. The Settlement Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No. 19105 of 2025 J.Radhakrishnan
...Petitioner
Vs.
1.The Settlement Officer, O/o. The Commissioner and Director of Survey and Settlement, Chepauk, Chennai.
2.The Revenue Divisional Officer, Ranipet.
3.The Tahsildar, Arcot.
4."Dharmakartha" (Muthavali) Yakkubsharief, S/o. ShelkHyder Sahib Amirpisan Dharga Street, Arcot-632503.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the second respondent to conduct an appeal enquiry filed by the petitioner dated 05.02.2025 and pass orders. For Petitioner : Mr.Perumbulavil Radhakrishnan 1/6
For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R3
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent No.4 is dispense with.
2. The present writ petition is filed praying for a writ of mandamus to direct the second respondent to dispose of the appeal filed by the petitioner dated 05.02.2025.
3. It is submitted by the learned counsel for the petitioner that the petitioner filed a petition on 17.02.2017 before the first respondent seeking issuance of patta. The said petition was forwarded to the third respondent and the third respondent rejected the same without proper enquiry. Thereafter, the petitioner filed an appeal on 05.02.2025 before the second respondent to conduct fair enquiry. However, the 2/6
said appeal has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.
4. It is submitted by the learned counsel for the petitioner that the petitioner's appeal though submitted as early as on 05.02.2025, is yet to be numbered.
5. At the outset, it was submitted by the learned Special Government Pleader for respondent Nos.1 to 3 that the appeal dated 05.02.2025 made by petitioner, if not yet numbered, would be numbered, if it is otherwise in order, and thereafter, the second respondent would conduct enquiry and dispose of the appeal dated 05.02.2025, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
6. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the second respondent, to consider the appeal papers presented on 05.02.2025 and number/admit the same within a period of two weeks from the date of uploading of the web copy without waiting for the receipt of certified copy, if not yet numbered/admitted, if it is otherwise in order. The appeal shall thereafter be 3/6
disposed of on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, respondents No.4 and any other interested persons, within a period of twelve (12) weeks from the date of appeal being numbered. It is made clear that this Court has not expressed any views with regard to the merits of the appeal and it is open to the concerned respondent to consider the appeal on its own merits and in accordance with law.
7. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.
11.06.2025 Speaking (or) Non Speaking Order mrn To 1.The Settlement Officer, O/o. The Commissioner and Director of Survey and Settlement, Chepauk, Chennai.
4/6
2.The Revenue Divisional Officer, Ranipet.
3.The Tahsildar, Arcot.
4."Dharmakartha" (Muthavali) Yakkubsharief, S/o. ShelkHyder Sahib Amirpisan Dharga Street, Arcot-632503.
MOHAMMED SHAFFIQ, J.
mrn 5/6
W.P.No. 19105 of 2025 11.06.2025 6/6