Perumal v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.18322 of 2020 Perumal ... Petitioner Vs.

1. The District Revenue Officer, Salem, Salem District.

2. The Revenue Divisional Officer, Sankagiri, Salem District.

3. Muthusamy

4. Rakki ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the first respondent to dispose the appeal dated 07.08.2020 filed by the petitioner within a stipulated period of time.

For Petitioner : Mr.B.Gopalakrishnan For Respondents: Mr.Mani Gopi Government Advocate

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the first respondent to dispose of the appeal filed by the petitioner on 07.08.2020 within the time limit fixed by this Court.

2. The grievance of the petitioner is that the second respondent through proceedings dated 13.07.2020 had removed the name of the petitioner and his family from the joint patta. Aggrieved by the same, an appeal has been filed before the first respondent on 07.08.2020. Since this appeal was not taken up for hearing, the present writ petition has been filed before this Court seeking for appropriate directions. https://hcservices.ecourts.gov.in/hcservices/ Page numbers

3. Mr.Mani Gopi, learned Government Advocate, appearing on behalf of the respondents 1 and 2 submitted that the second respondent has already called the parties for an enquiry on 24.12.2020 at 11.00 AM. The learned counsel further submitted that the petitioner and other interested parties can be present at the time of enquiry along with all the relevant documents.

4. Taking into consideration the facts and circumstances of the case and also of the fact that the second respondent has already called the parties for preliminary enquiry, there shall be a direction to the second respondent to conduct an enquiry after affording opportunity to the petitioner and respondents 3 and 4 and a report shall be submitted before the first respondent, within a period of six weeks from the date of receipt of a copy of this order. The first respondent, on receipt of the report, shall pass final orders strictly in accordance with law within a period of four weeks thereafter.

5. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar rli To

1. The District Revenue Officer, Salem, Salem District.

2. The Revenue Divisional Officer, Sankagiri, Salem District.

+1cc to Mr.B.Gopalakrishnan, Advocate SR.40824 +1cc to the Government Pleader SR.40943 W.P.No.18322 of 2020 UM(CO) CB(18/01/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers