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Madras High CourtWP/4662/2015dismissed

P.Anil v. The District Revenue Officer

2015-02-24Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.4662 of 2015

1. P. Anil

2. R. Vasanthakumari

3. B. Sunitha

4. A. Subla

...Petitioners

Versus

1. The District Revenue Officer, Kancheepuram.

2. The Tahsildar, Sholinganallur Taluk, Sholinganallur, Kanchipuram District.

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the 1st respondent to dispose of the petitioner Appeal dated 19.12.2014 within stipulated period as fixed by this Court.

For Petitioners :

Mr.S. Parthasarathy For Respondents :

Mr.S.Gunasekaran, G.A.

ORDER

Heard Mr.S.Parthasarathy, the learned counsel for the petitioners and Mr.S.Gunasekaran, learned Government Advocate appearing for the respondents and with the consent of either side, the writ petition itself is taken up for final disposal at the admission stage.

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2. Petitioners seek for a direction upon the 1st respondent to dispose of the appeal filed under section 12 of Tamil Nadu Patta Pass Book Act, 1983. The petitioners sought for grant of patta and the Tahsildar, Sholinganallur, by order dated 18.11.2014 rejected the same on the ground that the land in question has been classified as Government Punjai Tharisu and it forms part of Pallikaranai marsh land and so, the question of granting patta does not arise.

3. As rightly pointed out by the learned Government Advocate, the petitioners have filed the appeal before the wrong authority. The petitioners should have filed the appeal before the Revenue Divisional Officer and not the District Revenue Officer. Hence, the relief sought for cannot be granted. Hence, this writ petition is dismissed. However, this order will not prevent the petitioners from approaching the Revenue Divisional Officer of the area concerned and if any such appeal is filed, the same shall be considered on merits and in accordance with law, as expeditiously as possible. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The District Revenue Officer, Kancheepuram.

2. The Tahsildar, Sholinganallur Taluk, Sholinganallur, Kanchipuram District.

1 CC to Mr.S. Parthasarathy, Advocate SR.No. 9905 1 CC to the Government Pleader, SR.No. 10237 W.P.No.4662 of 2015 KK (CO) PSI (10.03.2015) https://hcservices.ecourts.gov.in/hcservices/