K.Pandithurai v. The District Revenue Officer,
M.DHANDAPANI, J.
Today the matter is listed under the caption "for being mentioned" at the instances of the learned counsel for the petitioner.
2. It is submitted by the learned counsel for the petitioner that in paragraph No.3 of the order dated 17.08.2022, it has been typed as the S.F.No.1761/1 instead of S.F.No.176/1. Accordingly, he prays for necessary correction in the order.
3. A perusal of the papers reveal that inadvertently, a typographical error has occurred in Paragraph No.3 of the order dated 17.08.2022. Therefore, paragraph 3 of the order dated 17.08.2022 shall stand replaced with the following:- "3. It is the case of the petitioner that the assignment land in S.F.No.176/1 situated at Puzhuthivakkam Village, Madhurantagam Taluk was issued to the petitioner's father in the year 1969. The second respondent, vide its proceedings dated 10.9.1981, cancelled the assignment land. In the meantime, the petitioners parents died leaving behind the petitioner and his sister. The petitioner's mother had filed an appeal before the first respondent during her lifetime. The first respondent, vide his Page No.1 of 8
proceedings dated 27.02.1990 set aside the order of the second respondent and remanded the matter back to the second respondent herein. After lapse of two decades, the second respondent has not disposed of the said appeal. Hence, the petitioner has filed this petition seeking to dispose of the proceedings pursuant to the order of the remand passed by the first respondent herein in Na.Ka.No.133891/85/B1, dt. 27.02.1990 within stipulated period as fixed by this Court."
4. Registry is directed to carry out the necessary correction in the order dated 17.08.2022 and issue fresh copy of the order to the learned counsel for the parties.
5. In other respects, the order dated 17.08.2022 shall remain unaltered.
31.03.2023 sp Page No.2 of 8
M.DHANDAPANI, J.
sp 31.03.2023 Page No.3 of 8
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No.10735 of 2014 K.Pandithurai .. Petitioner Vs.
1. The District Revenue Officer, Kancheepuram.
2. The Sub Collector, Chengalpet, Kancheepuram District.
3. The Revenue Divisional Officer, Madurantagam, Kancheepuram District.
4. The Tahsildar, Madurantagam, Kancheepuram District.
.. Respondents Petition filed under Article 226 of the Constitution of India, for issuance of Writs of Mandamus, directing the second respondent to dispose of the proceedings pursuant to the order of the remand passed by the first respondent herein in Na.Ka.No.133891/85/B1, dt. 27.02.1990 within stipulated period.
For Petitioners : Mr. K.Govi Ganesan For Respondents : Mr. R.P.Murugan Raja, GA Page No.4 of 8
O R D E R
This petition has been filed seeking a direction to the second respondent to dispose of the proceedings pursuant to the order of the remand passed by the first respondent herein in Na.Ka.No.133891/85/B1, dt. 27.02.1990 within stipulated period.
2. Heard the learned counsel on either side and perused the materials available on record.
3. It is the case of the petitioner that the assignment land in S.F.No.1761/1 situated at Puzhuthivakkam Village, Madhurantagam Taluk was issued to the petitioner's father in the year 1969. The second respondent, vide its proceedings dated 10.9.1981, cancelled the assignment land. In the meantime, the petitioners parents died leaving behind the petitioner and his sister. The petitioner's mother had filed an appeal before the first respondent during her lifetime. The first respondent, vide his proceedings dated 27.02.1990 set aside the order of the second respondent and remanded the matter back to the second respondent herein. After lapse of two decades, the second respondent has Page No.5 of 8
not disposed of the said appeal. Hence, the petitioner has filed this petition seeking to dispose of the proceedings pursuant to the order of the remand passed by the first respondent herein in Na.Ka.No.133891/85/B1, dt. 27.02.1990 within stipulated period as fixed by this Court.
4. Considering the facts and circumstances of the case and in view of the limited request made by the learned counsel for the petitioner, this Court, directs the second respondent to dispose of the appeal which was remanded by the first respondent dated 27.02.1990 after affording opportunity to the petitioner and aggrieved person if any, within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above observation, the writ petition is disposed of. No costs. However, liberty is granted to the petitioner to work out his remedy in the manner known to law.
17.08.2022 rli Index : Yes Internet : Yes Page No.6 of 8
To
1. The District Revenue Officer, Kancheepuram.
2. The Sub Collector, Chengalpet, Kancheepuram District.
3. The Revenue Divisional Officer, Madurantagam, Kancheepuram District.
4. The Tahsildar, Madurantagam, Kancheepuram District.
Page No.7 of 8
M.DHANDAPANI, J.
rli W.P. No.10735 of 2014 17.08.2022 Page No.8 of 8