P.Duraisamy v. The Assistant Settlement Officer(South)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Writ Petition No.31600 of 2025 P.Duraisamy ... Petitioner Vs.

1.The Assistant Settlement Officer (South), Special Commissioner for Land Survey and Land Scheme Office, Survey House, 3rd Floor, Chennai - 5.

2.Rakkia Gounder ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the first respondent/Assistant Settlement Officer (South) at Special Commissioner for Land Survey and Land Scheme Office, Chennai to dispose the appeal pending before him in Appeal No.7359 of 2019. For Petitioner : Ms.C.Meena for Mr.Guruprasad For Respondent 1 : Mr.D.Ravichander, Special Government Pleader Page No.1 of 5

O R D E R

The petitioner has filed this petition to direct the first respondent/Assistant Settlement Officer (South) at Special Commissioner for Land Survey and Land Scheme Office, Chennai to dispose the appeal pending before him in Appeal No.7359 of 2019.

2. The case of the petitioner is that the scheduled property to an extent of P.A.3.11 in (Sivan Malai Vinayakar) Inam Survey No.228 and another extent of P.A.4.18 in (Mariamman) Inam Survey No.226 ad measuring to a total extent of P.A.7.29, situated at Nallur Village, Tiruppur Taluk originally belongs to petitioner's ancestors and they are enjoying the possession. This being the case, in the year 2011, the second respondent's name was included in the patta pertaining to aforesaid Inam Survey Nos.226 and 228, under the Minor Inam Abolition Act, without serving any notice upon the original owners. Challenging the same, the petitioner preferred an appeal in C.M.A.No.30 of 2012, on the file of Learned Principal Subordinate Judge, Tiruppur and the said appeal was allowed on 27.04.2019, with a direction to consider the matter afresh. Thereafter, the matter was remitted back and Page No.2 of 5

numbered as Appeal No.7359 of 2019 on the file of the first respondent. However, till date, the said appeal was not considered and disposed of by the first respondent. Hence, the petitioner has come forward with the present writ petition.

3. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the first respondent to dispose the appeal.

4. Learned Special Government Pleader appearing for the first respondent submitted that the petitioner's appeal would be considered and orders passed, within a time frame that may be fixed by this Court.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the limited relief sought for by the learned counsel for the petitioner, this Court directs the first respondents to dispose the petitioner's appeal bearing Appeal No.7359 of 2019 on merits and in Page No.3 of 5

accordance with law and pass appropriate orders, within a period of three months from the date of receipt of a copy of this order. This writ petition is disposed of with the aforesaid direction. No costs. 01.09.2025 vm Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

The Assistant Settlement Officer (South), Special Commissioner for Land Survey and Land Scheme Office, Survey House, 3rd Floor, Chennai - 5.

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KRISHNAN RAMASAMY,J.

vm 01.09.2025 Page No.5 of 5