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Madras High CourtWP/2500/2014disposed of

K.Muthulakshmi, v. The District Revenue Officer,

2023-04-25Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25-04-2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM 1.K.Muthulakshmi 2.R.Kannan ... Petitioners Vs.

1.The District Revenue Officer, The Office of the DRO-Tiruvallur, Tiruvallur.

2.The Revenue Divisional Officer, The Office of RDO, Ambattur, Ambattur Taluk, Tiruvallur District.

3.The Tahsildar, The Office of Tahsildar, Ambattur, Ambattur Taluk, Tiruvallur District.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to dispose of the Appeal (Review Application) preferred by the second petitioner R.Kannan dated 18.10.2013 pending before him. For Petitioners : Mr.R.Karthikeyan For Respondents : Mr.Abishek Murthy, Government Advocate.

O R D E R

The relief sought for in the present writ petition is to direct the the first respondent to dispose of the Appeal (Review Application) preferred by the second petitioner R.Kannan dated 18.10.2013.

2. The learned counsel appearing on behalf of the petitioners made a submission that the appeal filed by the second petitioner on 18.10.2013 is yet to be disposed of.

3. With reference to the grievance of the second petitioner to grant patta, the High Court cannot issue directions to grant pattta in the writ proceedings. Patta is to be granted by following the procedures as contemplated under the Patta Pass Book Act, 1983. In the event of any title dispute or otherwise, the Revenue Authorities cannot grant patta and the Authorities have to be relegated to resolve the issues through the Civil Court and in the event of establishing the title and ownership, the Competent Authorities are empowered to grant patta by following the procedures.

4. The application dated 18.10.2013 cannot be considered at this length of time, since 10 years have elapsed. If at all any grievance exists to the petitioners, they are at liberty to submit a fresh application seeking patta in a prescribed format as contemplated under the Patta Pass Book Act and in the event of submitting any such application, the same is to be considered by conducting an enquiry in the manner contemplated.

5. With the abovesaid observations, the writ petition stands disposed of. However, there shall be no order as to costs. 25-04-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.The District Revenue Officer, The Office of the DRO-Tiruvallur, Tiruvallur.

2.The Revenue Divisional Officer, The Office of RDO, Ambattur, Ambattur Taluk, Tiruvallur District.

3.The Tahsildar, The Office of Tahsildar, Ambattur, Ambattur Taluk, Tiruvallur District.

S.M.SUBRAMANIAM, J.

Svn WP 2500 of 2014 25-04-2023