P.Vadivel v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Vadivel ... Petitioner Vs.

1. The Revenue Divisional Officer, Office of Kallakurichi Revenue Division, Kallakurichi Taluk & District.

2. R.Rajasekar ... Respondents Prayer : This petition has been filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, directing the 1st respondent herein to dispose of the appeal dated 26.02.2025 pending before the 1st respondent herein as per the petitioner's representation dated 11.04.2025.

For Petitioner :

Mr. M.Thamizhavel For Respondents :

Mr. A.Selvendran, Spl. Government Pleader (for R1)

O R D E R

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 2nd respondent is dispensed with.

2. The present writ petition has been filed praying for a writ of mandamus to direct the 1st respondent herein to dispose of the appeal dated 26.02.2025 pending before the 1st respondent herein as per the petitioner's representation dated 11.04.2025.

3. It is submitted by the learned counsel for the petitioner that the petitioner is aggrieved by the issuance of patta in the name of the 2nd respondent. Thus, preferred an appeal dated 26.02.2025 before the 1st respondent seeking cancellation of patta bearing No.2490 issued in favour of the 2nd respondent in respect of the property comprised in S.No.225/12

measuring 0.45.5 Ares (1 Acre 12 Cents), Ulagankaathan Village, Kallakurichi District. However the petitioner's appeal was not considered by the respondents till date. Aggrieved by the same, the petitioner has come before this Court.

4. When this was pointed out, learned Special Government Pleader for the 1st respondent would submit that the petitioner's appeal dated 26.02.2025, if it is otherwise in order, would be considered and appropriate orders would be passed in accordance with law, after issuing notice to the petitioner, second respondent and any other interested parties, rival claimants, if any, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions; i) The respondent authority shall consider the appeal dated 26.02.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, second respondent

and any other interested parties including rival claimants, if any.

ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the representation and pass appropriate order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.

iii) The petitioner's appeal dated 26.02.2025 shall be disposed of within a period of 4 months from the date of uploading of web copy without waiting for the receipt of certified copy.

iv) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own

merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.

6. There will be no order as to cost.

08.08.2025 Index: Yes/No Speaking /Non-speaking order Maya To

1. The Revenue Divisional Officer, Office of Kallakurichi Revenue Division, Kallakurichi Taluk & District.

MOHAMMED SHAFFIQ, J.

Maya Dated : 08.08.2025