Vasanth Benny v. The Land Survey And Land Tax
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No. 21932 of 2025 Mrs. Vasanthi Benny
...Petitioner
Vs.
1. The Land Survey and Land Tax, Director Office Survey House, 3rd Floor, Chepauk, Chennai 600 005.
2. The Revenue Divisional Officer, Tambaram, Chengalpattu District.
3. The Special Tahsildar, Tambaram Town Survey, Krishna Nagar, I Cross Street, West Tambaram, Mudichur Road, Kancheepuram District.
4. S.N.Kabali
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus to direct the second respondent to dispose the patta appeal dated 15.06.2023 in Na.Ka.E.No.2/5169/2016 within a reasonable period as may be fixed by this Court. For Petitioner : Mr.P. Sam Japa Singh 1/5
For Respondents : Mr.S.J. Mohamed Sathik Government Advocate for R1 to R3
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 4th respondent is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the second respondent to dispose the patta appeal dated 15.06.2023 in Na.Ka.E.No.2/5169/2016 within a reasonable period as may be fixed by this Court.
3. It is submitted by the learned counsel for the petitioner that the petitioner filed a patta appeal before the 1st respondent on 23.08.2016. The first respondent forwarded the appeal to the second respondent vide his order dated 15.06.2023 in Na.Ka.E.No.2/5169/2016 and now the patta appeal is 2/5
pending before the 2nd respondent from 15.06.2023 to till date. Aggrieved by the same, the petitioner has come before this Court.
4. At the outset, it was submitted by the learned Government Advocate for respondent Nos.1 to 3 that the appeal dated 15.06.2023, made by petitioner would be considered and orders would be passed on the petitioner's appeal, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the 2nd respondent, to consider the appeal dated 15.06.2023 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, 4th respondent and any other interested persons/rival claimants, and also putting the 4th respondent and any other interested persons/rival claimants on notice, within a period of eight (8) weeks from the date of uploading of the web copy without waiting for receipt of certified copy of 3/5
the order. It is made clear that this Court has not expressed any views with regard to the merits of the appeal and it is open to the concerned respondent to consider the appeal on its own merits and in accordance with law.
6. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.
20.06.2025 Speaking (or) Non Speaking Order msr To
1. The Land Survey and Land Tax, Director Office Survey House, 3rd Floor, Chepauk, Chennai 600 005.
2. The Revenue Divisional Officer, Tambaram, Chengalpattu District.
3. The Special Tahsildar, Tambaram Town Survey, Krishna Nagar, I Cross Street, West Tambaram, Mudichur Road, Chengalpattu District.
4/5
MOHAMMED SHAFFIQ, J.
msr W.P.No. 21932 of 2025 20.06.2025 5/5