B.Jayanthi Rani v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mrs.Jayanthi Rani ... Petitioner Vs.

1.The Revenue Divisional Officer, Government Garden, Tiruppathur-635 601.

2.The Thasildar, Taluk Office, Tiruppathur-635 601.

3.Sathyavani 4.D.Saravanan 5.S.Saritha 6.C.Suresh Kumar 7.K.Ananda Kumar 8.S.Bharathi

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to process the appeal of this petitioner dated 20.03.2025 and dispose of the same by passing orders on merits within a time frame fixed by this Court . For Petitioner(s) : M/s.S.Deivasigamani 1/6

For Respondent(s) : Mr.A.Selvendran Special Government Pleader for R1 and R2

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent Nos.3 to 8 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct the first respondent to dispose of the appeal dated 20.03.2025 made by the petitioner, within a time frame to be fixed by this Court.

3. It is submitted by the learned counsel for the petitioner that the petitioner's father possessed a property measuring an extent of 5.2 acres comprised in Survey No.235/1-A and 235/3 in Vellore District, Kandili Panchayat Union, Thokkiyam Village. The petitioner's father executed a Settlement Deed in favour of the petitioner pertaining to the said property vide Document No.2725 of 2003. However, a joint patta had been wrongly issued to respondents 6 to 8 without any notice to the petitioner in respect of the said 2/6

property. Hence, the petitioner had taken out a representation dated 03.04.2023 to the second respondent to cancel the joint patta issued to respondents 6 to 8. On receipt of the said representation on 03.07.2024, the second respondent has issued notice to the petitioner as well as to respondents 3 to 8. Since no order came to be passed, the petitioner had filed W.P.No.36302 of 2024 before this Court to dispose of the said representation. Pursuant to the above orders of this Court, an order dated 04.03.2025 was passed, wherein it was observed that there is a suit pending in respect of the subject property and that the petitioner's grievance could be redressed only after the outcome of the suit. Aggrieved by this order, the petitioner preferred an appeal before the first respondent on 20.03.2025. However, the said appeal has not been considered so far by the first respondent. Hence, the petitioner has filed the present writ petition.

4. It is submitted by the learned counsel for the petitioner that in view of the pendency of the suit, the said appeal is not even being numbered.

5. Learned Special Government Pleader for respondent Nos.1 and 2 would 3/6

submit that all that could be done is only to number the appeal and keep it pending, in view of the pendency of the civil suit as the outcome of the civil suit would have a material bearing on the issue that is raised in the appeal.

6. In view thereof, the first respondent is directed to get the appeal numbered filed by the petitioner and thereafter take a decision, in accordance in law, if it is otherwise in order, subject to the outcome of the said civil suit, after affording reasonable opportunity of hearing to the petitioner, respondents 3 to 8, and any other interested persons/stake holders. It is made clear that this Court has not expressed any views with regard to the merits of the case, the concerned respondent shall consider the case on its own merits and in accordance with law.

7. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

16.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:

1.The Revenue Divisional Officer, Government Garden, 4/6

Tiruppathur-635 601.

2.The Thasildar, Taluk Office, Tiruppathur-635 601 5/6

MOHAMMED SHAFFIQ, J.

mrn 16.06.2025 6/6