Munivel@Chandrasekaran v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.15308 of 2024 & WMP.No.16634 of 2024 Munivel @ Chandrasekaran .. Petitioner

Versus

1. The District Revenue Officer, The Collectorate, Thiruvallur, Thiruvallur District.

2. The Revenue Divisional Officer, Thiruvallur.

3. The Thasildar, Avadi Taluk, Avadi.

4. Rajendran .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to conduct an enquiry in Appeal No.8411/2024/N1 filed against the order passed by the second respondent in Na.Ka.No. 2861/2022/A5 dt.12.03.2024 on merits granting opportunities to all the parties concern within a stipulated time limit. For Petitioner : Mr.R.Sreerangan For Respondents : Mr.A.Selvendran Special Government Pleader - R1 to R3 1/5

ORDER

Since no adverse Orders have been passed against the fourth respondent, notice to him is dispensed with. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the first respondent to conduct an enquiry in Appeal No.8411/2024/N1 filed against the order passed by the second respondent in Na.Ka.No. 2861/2022/A5 dt.12.03.2024 on merits granting opportunities to all the parties concerned within a stipulated time limit.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.

4. It is the case of the petitioner that the subject property has been given to the father of the petitioner by one Kuttiappa Reddiyar through Koorchit dated 22.05.1975 and his father in turn had settled the property in favour of the petitioner and his mother and the they dealt with the property till the year 2008. While so, one Chellammal, the sister of Kuttiyappa Reddiyar filed a suit 2/5

in O.S.No.622 of 1999 without impleading the petitioner and obtained an exparte decree on 10.11.2000. Based on the said exparte decree, the second respondent has passed an Order on 12.03.2024 directing the third respondent to transfer the patta in the name of the said Chellammal, which is illegal and unsustainable in law. Challenging the same, the present Writ Petition has been filed.

5. Considering the limited relief sought for by the petitioner, the first respondent is directed to dispose of the appeal filed by the petitioner in Na.Ka.No.8411/2024/N1 on merits and in accordance with law, after giving notice the fourth respondent, within a period of the three months from the date of receipt of a copy of this Order.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 14.06.2024 vrc Index :Yes/No Internet :Yes/No 3/5

: Yes/No To,

1. The District Revenue Officer, The Collectorate, Thiruvallur, Thiruvallur District.

2. The Revenue Divisional Officer, Thiruvallur.

3. The Thasildar, Avadi Taluk, Avadi.

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N. SATHISH KUMAR , J.

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