G.Deepu, v. The Sub Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.08.2016

CORAM:

THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.28140 of 2016 1.G.Deepu 2.G.Muniraj ... Petitioners Vs.

1. The Sub Collector, Hosur, Krishnagiri District.

2. The Tahsildar, Denkanikottai Taluk, Krishnagiri District.

... Respondents 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 filed by the petitioners dated 06.06.2016 and to issue the patta in the name of the petitioners situated in S.Nos.312/3, 762/1, 768/1 and 313/6 at Marthanapalli Village and S.Nos.17 and 18/1 at Kasi Agraharam Village, Denkanikottai Taluk.

For Petitioners : Mr.S.Doraisamy For Respondents : Mr.S.V.Duraisolaimalai, Additional Government Pleader

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The petitioners on an earlier occasion, had approached this Court by filing W.P.No.3119 of 2016 against the second respondent herein praying for issuance of Writ of Mandamus, directing the said official to consider the applications dated 16.09.2015 and 31.12.2015 and issue patta in their name in respect of the lands situate in S.Nos.312/3, 762/1, 768/1 and 313/6 at Marthanapalli Village and S.Nos.17 and 18/1 at Kasi Agraharam Village, Denkanikottai Taluk and this Court, vide order dated 28.01.2016, had disposed of the said writ https://hcservices.ecourts.gov.in/hcservices/

petition, directing the second respondent to pass appropriate orders in accordance with law, after giving due notice to the parties concerned, within the stipulated time frame and accordingly, the second respondent vide order dated 10.05.2016, has rejected the said request and challenging the legality of the same, the petitioners have filed an appeal before the first respondent and since it has not been given disposal, came forward to file this writ petition.

3. Heard the submissions of Mr.S.Doraisamy, learned counsel appearing for the petitioners and Mr.S.V.Duraisolaimali, who accepts notice on behalf of the respondents.

4. Though the petitioners prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, directs the first respondent to entertain the appeal filed by the petitioners, if the papers are otherwise in order and after putting on notice the rival claimants, if any, shall pass orders in accordance with law within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners as well as to the persons concerned.

The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vsm To

1. The Sub Collector, Hosur, Krishnagiri District.

2. The Tahsildar, Denkanikottai Taluk, Krishnagiri District.

+1cc to Mr.S.Doraisamy, Advocate, S.R.No.46039 +1cc to the Government Pleader, S.R.No.46238 Writ Petition No.28140 of 2016 LRS(CO) CA(23/08/2016) https://hcservices.ecourts.gov.in/hcservices/