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Madras High CourtWP/32429/2022disposed of

Deivathal v. The District Revenue Officer

2022-12-05Honourable Mr Justice R. Suresh Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Deivathal ... Petitioner Vs 1.The District Revenue Officer, Tiruppur District.

2.The Revenue Divisional Officer, Tiruppur.

3.The Tahsildar, Palladam Taluk, Tiruppur District.

4.S.P.Devaraj ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 1st respondent to expedite the appeal dated 17.10.2022 on the file of the 1st respondent vide in his Na.Ka.No.26651/2022/J1 within the time stipulated framed by this Court and consequently forbearing the 4th respondent from carrying out any corrections in Patta No.4014 for the property comprised in S.No.157/1 situated at Narayanapuram Village, Palladam Taluk Tiruppur District by considering the representation dated 12.11.2022. 1/6

For Petitioner : Mr.S.Kumaresan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader for R1 to R3 : Notice dispensed with for R4

O R D E R

The prayer sought for in this writ petition is for a Writ of Mandamus to direct the 1st respondent to expedite the appeal dated 17.10.2022 on the file of the 1st respondent vide in his Na.Ka.No.26651/2022/J1 and consequently forbearing the 4th respondent from carrying out any corrections in Patta No.4014 for the property comprised in S.No.157/1 situated at Narayanapuram Village, Palladam Taluk Tiruppur District by considering the representation dated 12.11.2022.

2. In respect of the land at Survey No.157/1 at Narayanapuram Village, Palladam Taluk, Tiruppur District, patta was issued by the 3rd respondent to and in favour of the petitioner on 10.08.2022. As against the issuance of the said patta, the 4th respondent preferred appeal under Section 12 of the Patta Passbook Act, 1983.

3. The said appeal was allowed by the Appellate Authority by order 2/6

dated 07.10.2022. As against the said order passed by the Appellate Authority reversing the patta issued by the 3rd respondent in favour of the petitioner, the petitioner preferred revision before the 1st respondent/District Revenue Officer on 17.10.2022. Subsequently the petitioner had given a representation to decide the said appeal at the earliest by his representation dated 12.11.2022.

4. Despite that, since the revision has not been disposed of by the 1st respondent on merits, the petitioner has moved the present writ petition with the aforestated prayer.

5. Heard Mr.S.Kumaresan, learned counsel appearing for the petitioner who having reiterated the aforestated would seek indulgence of this Court.

6. Heard Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the official respondents.

7. In view of the order going to be passed in this writ petition, notice 3/6

to the 4th respondent is hereby dispensed with.

8. The learned Special Government Pleader would contend that the revision filed by the petitioner dated 17.10.2022 followed by his representation dated 12.11.2022 would be decided by the 1st respondent on merits and in accordance with law, of course after giving opportunity of being heard to both the petitioner as well as the 4th respondent.

9. Having regard to the said submissions made by the learned counsel appearing for the parties especially the submissions made by the learned Special Government Pleader appearing for the official respondents and having regard to the aforestated factual matrix of the case, this Court is inclined to dispose of this writ petition with the following orders: That there shall be a direction to the 1st respondent to decide the revision filed by the petitioner dated 17.10.2022 along with his representation dated 12.11.2022 after giving an opportunity of being heard to both the petitioner as well as the 4th respondent by giving separate notices fixing the date for hearing and pass orders thereon on merits and in accordance 4/6

with law within a period of six weeks from the date of receipt of a copy of this order.

10. With this direction, this Writ Petition is disposed of. No costs. 05.12.2022 Index : Yes / No Speaking Order : Yes / No Sgl To 1.The District Revenue Officer, Tiruppur District.

2.The Revenue Divisional Officer, Tiruppur.

3.The Tahsildar, Palladam Taluk, Tiruppur District.

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R. SURESH KUMAR, J.

Sgl 05.12.2022 6/6