G.Sekar v. The Revenuew Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.28778 of 2024 G.Sekar

...Petitioner

Vs.

1. The Revenue Divisional Officer, South Chennai Division, Anna Salai, Guindy, Chennai - 600 032.

2. Tahsildar, Mylapore Taluk, Raja Annamalaipuram, Chennai - 28

3. Elumalai

...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 pass orders on the petitioner's appeal dated 05.09.2023 filed by him against the order of the second respondent dated 07.08.2023, within the time that may stipulated by this Court.

For Petitioner : Mr.K.Rajasekaran For R1 & R2 : Mr.S.J.Sathik Mohamed 1/5

Government Advocate

O R D E R

The petitioner herein seeks a direction to the first respondent to pass orders on the petitioner's appeal dated 05.09.2023 challenging the order passed by the second respondent dated 07.08.2023 rejecting the representation seeking cancellation of patta issued in favour of the third respondent.

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

3. According to the petitioner, he filed an application before the second respondent seeking cancellation of patta issued in the name of the third respondent in respect of the property in Survey Nos. 4234/7 and 4234/8, Mylapore Village. The said application has been dismissed by the second respondent. Aggrieved by the same, the petitioner filed an appeal before the first respondent on 05.09.2023 and the same has not been considered till date. Therefore, the petitioner is before this Court. 2/5

4. Mr.S.J.Sathik Mohamed, learned Government Advocate, who takes notice for the respondents 1 & 2 would submit that the appeal filed by the petitioner will 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 consider the appeal of the petitioner dated 05.09.2024 and pass final orders, after issuing notice to the petitioner as well as third respondent and any other interested parties, within a period of eight 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.

30.09.2024 Index : Yes/No 3/5

Internet : Yes/No Speaking Order/Non-Speaking Order av S. SOUNTHAR, J.

av To

1. The Revenue Divisional Officer, South Chennai Division, Anna Salai, Guindy, Chennai - 600 032.

2. Tahsildar, Mylapore Taluk, Raja Annamalaipuram, Chennai - 28 W.P No.28778 of 2024 4/5

30.09.2024 5/5