N.Jayalakshmi v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.28600 of 2024 N.Jayalakshmi

...Petitioner

Vs.

1. The Revenue Divisional Officer, Tiruvallur Division, Tiruvallur District.

2. The Tahsildar, Avaid Taluk, Tiruvallur District.

3. The Village Administrative Officer, Sekkadu Village, Avadi Taluk, Tiruvallur District.

4. Devaraj

5. Radhakrishnan

6. J.Ramesh ...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 dispose of the appeal dated 03.06.2024 within a time frame to be fixed by this Court. For Petitioner : Mr.Sharath Chandran For R1 to R3 : Mr.D.Gopal Government Advocate 1/5

O R D E R

The petitioner herein seeks a direction to the first respondent to dispose of the appeal dated 03.06.2024 within a time frame to be fixed by this Court.

2. By consent of both the learned counsel appearing for the petitioner as well as respondents 1 to 3, this writ petition is disposed of at the admission stage itself.

3. A perusal of the alleged appeal paper dated 03.06.2024 filed in the typed set of papers which is in the nature of application would indicate that the petitioner claims himself as owner of the property with an extent of 28 cents in survey No.177/14 in Sekkadu Village, Avadi. It is further stated that she has been in possession of the same for the past 17 years and her possession was interfered with by the private respondents 4 and 5 herein. Thereafter, a suit in O.S.No.383 of 2010 was filed before the Principal District Munsif, Poonamallee seeking permanent injunction and the same was decreed in favour of the petitioner. In the meanwhile, the private respondents said to have produced a forged patta in their favour. Aggrieved over the same, the petitioner filed an appeal seeking cancellation of alleged patta. He also sought 2/5

for clarification whether the respondents 4 to 6 obtained patta based on the forged documents. The said appeal has not been considered till date. Therefore, the petitioner is before this Court.

4. Mr.D.Gopal, learned Government Advocate, who takes notice for the respondents 1 to 3 would submit that the appeal of the petitioner would be considered on its own merits and appropriate orders will be passed.

5. In view of the above submission made by the learned Government Advocate, 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 03.06.2024 and pass final orders, on merits and in accordance with law, after affording reasonable opportunity to the petitioner as well as the respondents 4 to 6 and any other interested parties, within a period of eight weeks from the date of receipt of a copy of this order. 3/5

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

26.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To

1. The Revenue Divisional Officer, Tiruvallur Division, Tiruvallur District.

2. The Tahsildar, Avaid Taluk, Tiruvallur District.

3. The Village Administrative Officer, Sekkadu Village, Avadi Taluk, Tiruvallur District.

S. SOUNTHAR, J.

av 4/5

W.P No.28600 of 2024 26.09.2024 5/5