M. Seethalakshmi v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.7572 of 2014 Ms.M.Seethalakshmi ... Petitioner v.

1.The Secretary, Revenue Department, State of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The District Collector, Tiruvellore District, Tiruvellore.

3. The Revenue Divisional Officer, Ambattur Division, Ambattur, Chennai - 600 053.

4. The Tahsildar, Ambattur Taluk Office, Ambattur, Chennai.

5. The Thasildar, Vannagaram Taluk Office, Vannagaram, Chennai - 600 095.

6. Mr. R. Dhakshinamoorthy

7. Tmt. M. Sangamithra

8. Mr. P. Muthuvel Raj

9. A. Poonurangam 10.Tmt. S.R. Madana ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the 3rd respondent to number the appeal filed on 27.08.2013 an dispose the same on merits as per Patta Pass Book Act 1983 with respect to the lands in S.Nos.303/2A and 303/2B, subsequently subdivided S.No.303/2A3 and S.No.303/2B3 situated at Vanagaram Village, formerly Ambattur Taluk, presently Vanagaram Taluk, Tiruvellore District as expeditiously as possible.

For Petitioner : Mr.S. Chandra Baskaran For Respondents : Ms. A. Mathumathi, Special Govt. Pleader - for R1 to R5 Mr.C.M. Mohanasundaram - for R6 Mr.M.Ramamoorthy - for R8 to R10 No Appearance - for R7

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the 3rd respondent to number and dispose of the appeal dated 27.08.2013 on merits as per Patta Pass Book Act 1983 with respect to the lands in S.Nos.303/2A and 303/2B, subsequently subdivided S.No.303/2A3 and S.No.303/2B3 situated at Vanagaram Village, formerly Ambattur Taluk, presently Vanagaram Taluk, Tiruvellore District, within a time frame.

2. It is the case of the petitioner that her appeal filed as early as on 27.08.2013 has not yet been disposed of. Hence, the 3rd respondent may be directed to dispose of the same, within a time frame.

3.Ms. A.Mathumathi, learned Special Government Pleader appearing for the respondents 1 to 5 submitted that the 3rd respondent may be directed to dispose of the appeal dated 27.08.2013, on merits and in accordance with law, after giving notice to all the interested parties, including the respondents 6 to 10, within a period of twelve weeks.

4. The learned counsel appearing for the 6th respondent as well as the respondents 7 to 10 submitted that they should be given opportunity of hearing before the 3rd respondent prior to passing of the order.

5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the 3rd respondent to dispose of the appeal filed by the petitioner on 27.08.2013, on merits and in accordance with law, after giving notice to all the interested parties, including the respondents 6 to 10, within a period of twelve weeks from the date of receipt of a copy of this order.

With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar

Rj To 1.The Secretary, Revenue Department, State of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The District Collector, Tiruvellore District, Tiruvellore.

3. The Revenue Divisional Officer, Ambattur Division, Ambattur, Chennai - 600 053.

4. The Tahsildar, Ambattur Taluk Office, Ambattur, Chennai.

5. The Thasildar, Vannagaram Taluk Office, Vannagaram, Chennai - 600 095.

W.P.No.7572 of 2014 NMI(CO) GMY(21/09/2020)