P.Thangavel v. The Additional Chief Sectretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.11.2019
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.28556 of 2019 and W.M.P.No.28229 of 2019 P.Thangavel .. Petitioner /versus/ 1.The Additional Chief Secretary, Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
2.The District Collector, Collectorate, Salem-636 001.
3.The District Revenue Officer, Collectorate, Salem-636 001.
4.The Revenue Divisional Officer, Sankari, Salem District.
5.The Tahsildar, Sankari Taluk, Salem District.
6.Periyasamy .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to allow the appeal filed by the petitioner against the order passed by the 4th respondent in Na.Ka.No.1121/2015(P) dated 12.09.2018 expeditiously by following the provision of Rules 4(4) of the Tamil Nadu Patta Pass Book Rules 1987 and the dictum lay down by this Court in W.P.No.9215 of 2013 dated 23.10.2017 as well as the circular in Ref.No.K3/27160/2008 dated 13.03.2018 issued by the 1st respondent and consequentially direct the respondents 3 to 5 to do mutation in the revenue records in respect of S.F.Nos. 94/1, 2, 3, 4, 94/11B, 94/12A, 94/13A, 94/13B, 94/13C & 94/20 in its original position.
1/4
For petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.S.N.Parthasarathy Govt. Advocate for R1 to R5
O R D E R
Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 5.
2. Regarding the patta in respect of the disputed property, the Revenue Divisional Officer has issued patta in favour of the 6th respondent subject to the out come of the suit. Hence, the petitioner herein has preferred appeal before the 3rd respondent on 18.01.2019.
3. The grievance of the petitioner herein is that no order has been passed by the 3rd respondent in spite of conducting enquiry and receiving written submission by the petitioner herein.
4. The learned Government Advocate who took notice not able to ascertain whether order passed by the 3rd respondent. Therefore, instead of keeping this writ petition pending, this Court disposed of the writ petition directing the 3rd respondent to pass orders on the appeal of the petitioner, if no order has been passed so far, within a period of four weeks from the date of receipt of copy of this order.
5. With the above direction, this writ petition is disposed of. Consequently, the connected miscellaneous petition is also closed. No costs.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar rpl 2/4
To 1.The Additional Chief Secretary, Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
2.The District Collector, Collectorate, Salem-636 001.
3.The District Revenue Officer, Collectorate, Salem-636 001.
4.The Revenue Divisional Officer, Sankari, Salem District.
5.The Tahsildar, Sankari Taluk, Salem District.
+1 cc to M/s.R.Marudha Chalamurthy Advocate sr94084 +1 cc to the Government pleader sr94584 W.P.No.28556 of 2019 and W.M.P.No.28229 of 2019 aa03/12/2019 3/4