P.Elangovan v. The Principal Secretary /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.30709 of 2024

1. P.Elangovan

2. M.Sudha

3. S.Subashchand

4. D.Johnson Durai

5. T.Sundarapandian

...Petitioners

Vs.

1. The Principal Secretary / Commissioner (Land Reforms), Chepauk, Chennai.

2. The District Revenue Officer / Revisional Authority, O/o the District Revenue Officer, Chengalpet District.

3. The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Tambaram.

4. The Thasildar, Taluk Office, Tambaram Taluk, Chengalpattu District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent herein to consider and pass orders on the appeal filed by the petitioners on 26.05.2023, 1/5

as against the order of the second respondent dated 24.04.2023, as against the order of the second respondent dated 24.04.2023 in RC.No.2964/2020/L2 confirming the order of the third respondent dated 06.03.2020 in RC.No.936/2018/A within a stipulated time frame fixed by this Court. For Petitioners : Mr.S.Sivapandi For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioners herein seek a direction to the first respondent to consider and pass orders on the appeal dated 26.05.2023 filed by them challenging the order passed by the second respondent dated 24.04.2023 confirming the order passed by the third respondent dated 06.03.2020.

2. By consent of both the learned counsel appearing for the petitioners as well as respondents, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioners that they filed an application before the 2/5

third respondent seeking issuance of patta in respect of the subject land and the same was rejected by the third respondent. Aggrieved by the same, the petitioners filed appeal before the second respondent and the same was also rejected. Aggrieved by the same, the petitioner filed a representation before the first respondent and the same has not been considered till date. Therefore, the petitioner is before this Court.

4. Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents would submit that as against the order passed by the second respondent in revision, no second revision can be filed before the first respondent and therefore, the revision filed by the petitioners before the first respondent styled as appeal is not at all maintainable.

5. In view of the above submission made by the learned counsel appearing for the petitioners and the learned Special Government Pleader, without going into the merits of the claim made by the petitioners, this Court is inclined to issue a direction to the first respondent to consider the revision filed by the petitioners dated 26.05.2023, challenging the order passed by the second respondent dated 24.04.2023 and pass final orders, in accordance with law, within a period of four weeks from the date of receipt of a copy of this 3/5

order.

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

19.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To

1. The Principal Secretary / Commissioner (Land Reforms), Chepauk, Chennai.

2. The District Revenue Officer / Revisional Authority, O/o the District Revenue Officer, Chengalpet District.

3. The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Tambaram.

4. The Thasildar, Taluk Office, Tambaram Taluk, Chengalpattu District.

4/5

S.SOUNTHAR, J.

av W.P No.30709 of 2024 19.10.2024 (1/2) 5/5