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Madras High CourtWP/4816/2014disposed of

C.Munusamy v. The District Revenue Officer

2020-08-24Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.4816 of 2014 C.Munusamy ... Petitioner Vs.

1.The District Revenue Officer, Thiruvallur District.

2.Selvarani 3.Margret 4.Sankaran 5.Dayalan 6.Easwarayya 7.R.Udhayakumar 8.S.Usha 9.Perumal Chetty ... Respondents Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the 1st respondent to dispose of the petitioner's representation dated 13.03.2013 at an early date.

For Petitioner : Mr.S.Udhaya Kumar For Respondents: Ms.A.Madhumathi, Special Government Pleader (R1) R2 to R9 - dismissed vide order 17.08.2015

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the 1st respondent to dispose of the petitioner's representation dated 13.03.2013 within a time frame. 2.Challenging the issuance of patta in favour of the respondents 2 to 9, the petitioner has filed an appeal dated 13.03.2013 before the 1st respondent under Section 12 of the Patta Pass Book Act.

3.The learned counsel appearing for the petitioner submitted that the petitioner had died about one year ago, therefore, the legal representatives of the petitioner may be permitted to prosecute the appeal by filing appropriate application before the 1st respondent to implead them as the legal representatives of the https://hcservices.ecourts.gov.in/hcservices/

deceased petitioner. Further, the learned counsel submitted that after impleading the legal heirs of the petitioner, the 1st respondent may be directed to dispose of the appeal within a time frame.

4.Ms.A.Madhumathi, learned Special Government Pleader appearing for the 1st respondent submitted that the 1st respondent may be directed to dispose of the appeal, after impleading the legal representatives of the deceased petitioner. 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 give liberty to the legal representatives of the deceased petitioner to get themselves impleaded in the appeal dated 13.03.2013 pending before the 1st respondent and after impleading them as parties in the appeal, the 1st respondent is directed to dispose of the appeal, on merits and in accordance with law, within a period of twelve weeks from the date of impleadment of the legal representatives of the deceased petitioner, after issuing notice to the respondents 2 to 9 also.

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

Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar va To 1.The District Revenue Officer, Thiruvallur District.

+1 cc to The Government Pleader, Sr.No. 27749 W.P.No.4816 of 2014 RJI(CO) RMP(03/09/2020) https://hcservices.ecourts.gov.in/hcservices/