V.Venkatapathy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.26816 of 2024 V.Venkatapathy

...Petitioner

Vs.

1. The Revenue Divisional Officer, Udumalpet, Thiruppur District.

2. The Tahsildar, Udumalpet, Thiruppur District.

3. Safvolt Switchgear (P) Ltd., Rep. by its Managing Director, G.Vijayakumar, Door No.7/174, Vellanaipatty Vllage, Kalapatty Via, Annur Taluk, Coimbatore 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 to forthwith consider and pass orders on the Statutory Appeal of the petitioner dated 12.08.2024 after giving an opportunity of hearing to the petitioner, within a stipulated period.

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For Petitioner : Mr.K.Selvaraj For R1 & R2 : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the first respondent to consider the petitioner's statutory appeal dated 12.08.2024 and pass orders, within a time frame to be stipulated by this Court.

2. According to the petitioner, he filed an appeal before the first respondent on 12.08.2024, challenging the order passed by the second respondent granting patta in favour of the third respondent in Survey No.521, situated at Andiya Koundanur Village, Udmalpet Taluk, Thiruppur District.

3. The learned counsel appearing for the petitioner submitted that subsequent to the filing of this writ petition, the first respondent issued a notice of enquiry fixed the date of hearing on 08.09.2024, which falls on Sunday. The learned counsel for the petitioner also submits that on 08.09.2024, when the petitioner appeared before the first respondent the matter stands adjourned to 12.09.2024.

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4. Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents 1 & 2 would submit that the appeal filed by the petitioner would be considered on its own merits, within a time frame fixed by this Court.

5. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the first respondent to dispose of the appeal filed by the petitioner dated 12.08.2024 and pass final orders, after issuing notice to the petitioner and third respondent, within a period of six weeks from the date of receipt of a copy of this order.

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

10.09.2024 Index : Yes/No Internet : Yes/No 3/5

Speaking Order/Non-Speaking Order av S. SOUNTHAR, J.

av To

1. The Revenue Divisional Officer, Udumalpet, Thiruppur District.

2. The Tahsildar, Udumalpet, Thiruppur District.

W.P No.26816 of 2024 10.09.2024 4/5

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