G.Rajendran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.G.Rajendran 2.G.Gopal 3.G.Perumayee 4.G.Vasantha 5.P.Pachiyammal 6.P.Perumal 7.P.Govindhammal 8.P.Ponnammal 9.P.Perumayee ... Petitioners vs.

1.The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer, 1/6

3.The Tahsildar, 4.Pavayee 5.Jeeva 6.Kokila 7.Gunasekaran 8.Ayyanar 9.Balakrishnan ... 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 consider the petitioner's Appeal dated 19.06.2024 to cancel the Patta No.966 in favour of the respondents 4 to 9 in respect of the property situated in Survey No.194/12C to an extent of 0.25 Ares / 60 cents, P.Nallagoundampatti (P.N.Patti) Village, Mettur Taluk, Salem District. For Petitioners : Mr.A.M.Esakkiappan For Respondents : Mr.U.Baranidharan Additional Government Pleader for R1 to R3 2/6

O R D E R

The petitioner herein seeks a direction to the 2nd respondent to dispose of his appeal dated 19.06.2024 filed against the order passed by the 3rd respondent granting patta in favour of the respondents 4 to 9. 2.According to the petitioners, the property with an extent of 62 cents situate in Survey No.194/12C, Veerakalputhur Village, Kunjandiyur Puthu Colony, Konur Post, Mettur Vattam, Salem District belongs to petitioners' grand father, Ramasamy and he executed a Will bequeathing the property in favour of the petitioners' predecessor in interest, Govindan and Perumal. After death of Govindan and Perumal, the petitioners have been in possession and enjoyment of the same. However, the patta for the said property was issued in the name of one Venkatraman, predecessor of the respondents 4 to 9 by the 3rd respondent. Aggrieved by the same, the petitioners presented an appeal before the 2nd respondent on 19.06.2024 seeking cancellation of patta in favour of the respondents 4 to 9 and the same has not been considered. Hence, the petitioners are before this Court. 3/6

3. Mr.U.Baranidharan, learned Additional Government Pleader, who is taking notice for the respondents 1 to 3 would submit that the appeal pending on the file of the 2nd respondent will be disposed of within the time fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioners, this Court is inclined to direct the 2nd respondent to dispose of the appeal of the petitioners dated 19.06.2024 on its own merit within a period of eight weeks from the date of receipt of a copy of this order, after issuing notice to the rival claimants namely, respondents 4 to 9.

5. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 22.08.2024 (2/2) kkn Index : Yes/No Speaking order:Yes/No 4/6

To 1.The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer, 3.The Tahsildar, 5/6

S.SOUNTHAR, J.

KKN 22.08.2024 6/6