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Madras High CourtWP/1574/2018disposed of

M.Rajendran, v. The District Revenue Officer,

2018-01-25Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:25.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.1574 of 2018 1.M.Rajendran S/o.M.Murugesan 2.M.Ranjeeth Kumar S/o.R.Manoharan 3.M.Santhosh Kumar S/o.R.Manoharan ... Petitioners vs.

1.

The District Revenue Officer Salem, Salem District.

2.

Vasuki W/o.Ganesan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to pass orders on the appeal filed by the petitioners on 13.10.2017 and issue patta.

For Petitioners : Mr.A.Sundaravadhanan For Respondents : Mr.R.S.Soundararajan for R1

O R D E R

Mr.R.S.Soundararajan, learned counsel takes notice for R1. Since this writ petition is being disposed of, without affecting the interest of the second respondent, notice to the second respondent is dispensed with.

2. The petitioners seek for mandamus directing the first respondent to pass orders on the appeal filed by them on 13.10.2017 and issue Patta in their favour.

3. It is stated that the petitioners filed the above said appeal before the first respondent, arising out of Patta proceedings. It is also stated that the second respondent, who is the opposite party in the above appeal, has also entered https://hcservices.ecourts.gov.in/hcservices/

appearance before the first respondent. The grievance of the petitioners before this Court is that the first respondent has not considered the appeal so far.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners in the above appeal, as it is for the first respondent to consider and decide the same on merits and in accordance with law. Thus, this writ petition is disposed of, only with a direction to the first respondent to consider the appeal filed by the petitioners and pass orders on its own merits and in accordance with law, after giving due opportunity of hearing to the petitioners as well as the second respondent, if the appeal is not yet disposed of. Such exercise shall be done by the first respondent, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Deputy Registrar /true copy/ Sub Asst. Registrar mk To 1.

The District Revenue Officer Salem, Salem District.

+ 1 cc to Mr.A.Sundaravadhanan Advocate,SR.5912 + 1 cc to The Govt.Pleader, SR.6218 W.P.No.1574 of 2018 nr 12/02/2018 https://hcservices.ecourts.gov.in/hcservices/