C.Vajravel Naidu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.10.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.26522 of 2022 C. Vajravel Naidu ... Petitioner Vs.

1. The District Collector, Collectorate, Krishnagiri - 635 115.

2. The District Revenue Officer, Collectorate, Krishnagiri District.

3. The Revenue Divisional Officer, Krishnagiri District.

4. Ekambaram ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 1st to 3rd respondents to allow the appeal filed by the petitioner dated 15.04.2020 and directing the 2nd respondent to conduct an enquiry and to pass orders. For Petitioners : Mr.G. Prabu For Respondents : Mr.U. Bharanidharan Additional Government Pleader

O R D E R

By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself.

2. This Writ Petition has been filed seeking for issuance of Writ of Mandamus, directing the 1st to 3rd respondents to allow the appeal filed by the petitioner dated 15.04.2020 and directing the 2nd respondent to conduct an enquiry and to pass orders.

3. The case of the petitioner is that the petitioner is the owner of the subject property and all the revenue records stand in the name of the petitioner. Whileso, the 4th respondent who is one of the legal heir of petitioner's brother claims right over the subject property and gave a representation before the Tahsildar, Pochampalli to transfer the patta in his name. The Tahsildar, Pochampalli without any notice or enquiry erroneously passed an order on 12.10.2000 wherein the patta for the subject land was transferred to the 4th respondent. Aggrieved over the same the petitioner preferred an appeal before the 3rd respondent to set aside the order of

Tahsildar, Pochampalli dated 12.10.2000 and to restore the patta in the name of the petitioner. The 3rd respondent after conducting an enquiry instead of setting aside the order passed by the Thasildhar Pochampalli passed an order dated 16.03.2020 directing the petitioner to approach the Civil Court. Hence the petitioner preferred an appeal before the 2nd respondent and the same was pending. Hence, the present writ petition.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the Respondent 1 to 3 to dispose of the appeal petition within the stipulated time as fixed by this Court.

5. The learned Government Advocate has no objection for said order being passed.

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioners, this Court, without going into the merits of the case, directs the second Respondent to dispose of the Revision petition within a period of twelve weeks from the date of receipt of a copy of this

order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

10.10.2022 Index: Yes/ No Internet: Yes/No smn To

1. The District Collector, Collectorate, Krishnagiri - 635 115.

2. The District Revenue Officer, Collectorate, Krishnagiri District.

3. The Revenue Divisional Officer, Krishnagiri District.

M.DHANDAPANI,J.

smn W.P.No. 26522 of 2022 10.10.2022