M.Revathy v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2023 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN and W.M.P. No.28464 of 2023
1. M.Revathy
2. M.Jayanthi
3. M.Gopi ... Petitioners Vs.
1. The Revenue Divisional Officer Office of the DRO, Central Chennai Revenue Division Anna Nagar West Extension Chennai - 600 101
2. The Tahsildar Office of the Tahsildar Ayanavaram Chennai - 600 023 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Mandamus directing the 1st respondent to dispose the appeal pending from 30.06.2023 and consequently, direct the respondents to issue Patta for the remaining 440 Sq.ft., in Survey No.124/1 Part, Plot No.8, situated at Subramaniyapuram, 2nd Main Road, Venkateswara Nagar, Kolathur, Chennai - 600 099.
For Petitioners : Mr.B.Chandran For Respondents : Mr.V.Veluchamy Additional Government Pleader 1/4
ORDER
This Writ Petition is filed for a writ of mandamus directing the 1st respondent to dispose the appeal pending from 30.06.2023 and consequently, direct the respondents to issue Patta for the remaining 440 Sq.ft., in Survey No.124/1 Part, Plot No.8, situated at Subramaniyapuram, 2nd Main Road, Venkateswara Nagar, Kolathur, Chennai - 600 099.
2. The grievance of the petitioners is that the petitioners had earlier failed two writ petitions in W.P.Nos.28450 of 2022 and 34894 of 2022 before this Court and this Court had also passed orders on 07.11.2022 and 03.01.2023 and directed the respondents to measure the property and to complete the proceedings within a period of eight weeks. On receipt of the same, the Tahsildar/2nd respondent herein conducted enquiry and also passed order on 28.04.2023. Thereafter, the petitioners have filed an appeal before the Appellate Authority namely the Revenue Divisional Officer/1st respondent herein. However, so far, they have not received any communication from the 1st respondent regarding the appeal. Hence, the present writ petition is filed.
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3. Mr. V.Veluchamy, Additional Government Pleader takes notice for the respondents 1 and 2 and he is not in a position to give any particulars as to whether on the said appeal any enquiry was ordered or any communication was made to the petitioners.
4. However, in the light of the limited scope of prayer sought for in this writ petition and the submissions of the learned counsel on either side, this Court without going into the merits of the case, directs the 1st respondent to take the appeal filed by the petitioners on file, if it is otherwise in order and dispose of the same on merits and in accordance with law, as expeditiously as possible provided within a period of two months from the date of receipt of copy of this order.
5. With the above directions, the writ petition is disposed of at the admission stage itself. Consequently, connected Miscellaneous Petition is closed. However, there shall be no order as to costs. 06.10.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/4
P.VELMURUGAN. J.
ksa-2 To
1. The Revenue Divisional Officer Office of the DRO, Central Chennai Revenue Division Anna Nagar West Extension Chennai - 600 101
2. The Tahsildar Office of the Tahsildar Ayanavaram Chennai - 600 023 06.10.2023 4/4