Palanisamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR N.Palaniswamy ... Petitioner vs.

1.The District Collector Office of District Collector at Salem, Salem, Salem District 2.The District Revenue Officer Salem, Salem District 3.The Revenue Divisional Officer Salem, Salem District 4.The Thasildhar Salem West, Salem District 5.The District Registrar Office of the Registration Department, Salem West, Salem District 1/6

6.The Sub Registrar, Office of Suramangalam, Registration Department Salem 7.V.Santhi ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to dispose of the appeal dated 22.06.2024 till then 5th and 6th respondents herein not to register any such document for registration regarding the above said property vide T.S.No.26, 27 and Old S.No.32/4, Block No.10, Meyanur Village, Salem West Taluk, Salem District.

For Petitioner : Mr.R.Ramesh For R1 to R6 : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the 2nd respondent to dispose of the appeal dated 22.06.2024 pending on its file.

2. According to the petitioner, the property situated in S.No.26, Block No.10 in Meiyanur Village, Salem West Taluk with an extent of 7260 sq.ft., 2/6

belong to the petitioner and the same had been in his exclusive possession and enjoyment. The 7th respondent herein filed an application before the 3rd respondent and based on his application, patta in the name of the petitioner was cancelled and the same was challenged by the petitioner by filing a writ petition in W.P.No.25164 of 2022 before this Court.

3. This Court by order dated 20.09.2022 directed the 3rd respondent herein to forward the appeal papers to the 4th respondent herein and the 4th respondent was directed to pass orders on merit. However, again the 3rd respondent herein passed an order holding that the 7th respondent and one Indhirani were entitled to patta. Aggrieved by the same, the petitioner filed an appeal before the 2nd respondent and the same has not been considered till date. Therefore, the petitioner has come by way of this writ petition.

4. Mr.A.Selvendran, learned Special Government Pleader, who is taking notice for the respondents 1 to 6 would submit that the appeal pending on the file of the 2nd respondent dated 22.06.2024 would be disposed of in accordance with law within the time fixed by this Court. 3/6

5. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 2nd respondent to dispose of the appeal filed by the petitioner dated 22.06.2024, after affording sufficient opportunity to the petitioner as well as rival parties including 7th respondent herein, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

20.08.2024 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The District Collector Office of District Collector at Salem, Salem, Salem District 2.The District Revenue Officer Salem, Salem District 3.The Revenue Divisional Officer Salem, Salem District 4.The Thasildhar Salem West, Salem District 5.The District Registrar Office of the Registration Department, Salem West, Salem District 6.The Sub Registrar, Office of Suramangalam, Registration Department Salem 5/6

S.SOUNTHAR, J.

dm 20.08.2024 6/6