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Madras High CourtWP/26662/2022disposed of

Saroja v. The Collector

2022-09-30Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Saroja .. Petitioner

Versus

1.The Collector Vellore District Vellore

2. The Revenue Divisional Officer Gudiyatham Vellore District 3.The Tahsildar K.V.Kuppam Taluk K.V.Kuppam Vellore District .. Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to dispose of the appeal filed by the petitioner dated 09.08.2022 and to direct the respondents to issue patta in respect of the petitioner's property in S.No.251, Pillanthipattu Village, K.V.Kuppam Taluk (Earlier Known Katpadi Taluk), Vellore District.

For Petitioner : Mr.S.Doraisamy For Respondents : Mr.U.Bharanidharan Additional Government Pleader 1/5

ORDER

This writ petition is filed seeking a direction to the respondents to dispose of the appeal filed by the petitioner dated 09.08.2022 and to direct the respondents to issue patta in respect of the petitioner's property in S.No.251, Pillanthipattu Village, K.V.Kuppam Taluk (Earlier Known Katpadi Taluk), Vellore District.

2. The case of the petitioner is that the petitioner's forefather occupied 0.23 ares of Kallankuthu Poramboke land in S.No.251, Pillanthipattu Village, K.V.Kuppam Taluk, Vellore District and the petitioner has developed the land, cultivating the said land and paying kist regularly. The petitioner preferred an application for issuance of patta on 15.12.2008. Since, no action was taken, she filed a writ petition in W.P.No.2446 of 2022 and the same was disposed of by issuing a direction to the third respondent herein on 15.02.2022. The third respondent after conducting enquiry on 09.05.2022 rejected the representation of the petitioner on 13.05.2022. Hence, the petitioner filed an appeal before the first respondent on 09.08.2022, since the same is pending without consideration. Hence, this 2/5

petition.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the second respondent to consider the appeal dated 09.08.2022 made before the first respondent and dispose of the same within the stipulated time as fixed by this Court.

4.The learned Additional Government Pleader appearing on behalf of the respondents submitted that the appeal will be considered and necessary action will be taken in accordance with law within the reasonable time as fixed by this Court.

5. Heard, the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

6. Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, this Court directs the 3/5

second respondent to consider the appeal dated 09.08.2022 made by the petitioner before the first respondent and the second respondent shall take up the appeal, consider and pass appropriate order(s) on merits and in accordance with law after providing opportunity to the necessary parties within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition is disposed of. No costs. 30.09.2022 dhk Internet:Yes/No To 1.The Collector Vellore District Vellore

2. The Revenue Divisional Officer Gudiyatham Vellore District 3.The Tahsildar K.V.Kuppam Taluk K.V.Kuppam Vellore District 4/5

M. DHANDAPANI, J.

dhk 30.09.2022 5/5