Thiru.T.G.Naveen v. The Executive Magistrate,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25826 of 2016 1.T.G.Naveen Rep by power agent T.G.Gopinath 2.T.G.Nirmal 3.Tmt.P.G.Shobha ... Petitioners Vs.

1.The Executive Magistrate, Tambaram Cum Revenue Divisional Officer, Revenue Divisional Office, Tambaram, Chennai - 45.

2.A.Syed Saulaudin 3.The District Revenue Officer, Kancheepuram Collectorate, Kancheepuram District, Kancheepuram, Tamil Nadu - 631 501.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to dispose of the appeal, filed by the petitioners against the orders of the 1st respondent RDO Tambaram in its proceedings R.C.No.1446, dated 26.02.2015 and signed dated 26.02.2016, within a time frame.

For Petitioners : No Appearance For Respondents : Mr.V.S.Ramesh for R1 and R3

O R D E R

The petitioners express the grievance that the second respondent went upon using their 13 feet patta land out of the 33 feet wide land as public road leading to his lands and that it was denied to him. Hence, he preferred a petition before the first respondent who vide, communication dated 26.02.2016 has held in favour of the said person and cancelled the patta and https://hcservices.ecourts.gov.in/hcservices/

the petitioners, in this regard has filed an appeal before the third respondent on 20.04.2016 and since no orders have been passed, came forward to file this writ petition. 2.The learned counsel appearing for the petitioner is absent. This Court heard the submissions of Mr.V.S.Ramesh, learned counsel who accepts notice on behalf of the respondents 1 and 3.

3.This Court considering the limited scope of the prayer sought for by the petitioner and without going into the merits of the claim projected by the petitioner as well as by the second respondent, directs the third respondent to consider and dispose of the appeal petition dated 20.04.2016 submitted by the petitioners, if the papers are otherwise in order and after putting on notice, the second respondent, shall pass orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the second respondent.

4.The writ petition is disposed of accordingly. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar pri To 1.The Executive Magistrate, Tambaram Cum Revenue Divisional Officer, Revenue Divisional Office, Tambaram, Chennai - 45.

2.The District Revenue Officer, Kancheepuram Collectorate, Kancheepuram District, Kancheepuram, Tamil Nadu - 631 501.

+1 cc to Government Pleader sr 42077 W.P.No.25826 of 2016 aa18/08/2016 https://hcservices.ecourts.gov.in/hcservices/