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Madras High CourtWP/31639/2023disposed of

R.Palanivel v. Revenue Divisional Officer

2023-11-03Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN R.Palanivel S/o.Rethinasamy ... Petitioner versus 1.

The Revenue Divisional Officer Udayarpalayam, Ariyalur District.

2.

The Tahsildar Sendurai Taluk, Ariyalur District.

3.

Ganapathy S/o.Sengamalam

...Respondents

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to dispose of the appeal preferred by the petitioner in Na.Ka.A2/1361/2022 dated 11.04.2022 within a stipulated time.

For Petitioner :

Ms.P.Srividhya For Respondents :

Mr.V.Veluchamy Additional Government Pleader for R1 and R2 Pg.Nos.1/4

O R D E R

Mr.V.Veluchamy, learned Additional Government Pleader accepts notice for respondents 1 and 2 (official respondents). Since this writ petition is being disposed of without passing any adverse orders against the third respondent affecting his interest, notice to the said respondent is dispensed with.

2. This writ petition has been filed seeking for a mandamus to direct the first respondent to dispose of the appeal preferred by the petitioner dated 11.04.2022 bearing reference No.Na.Ka.A2/1361/2022.

3. The petitioner has filed an appeal dated 11.04.2022 before the first respondent aggrieved against the order of the second respondent dated 30.03.2022 wherein, the second respondent directed to include the name of third respondent in the patta. The grievance of the petitioner before this Court is that the first respondent has not disposed of the appeal so far. Pg.Nos.2/4

4. Heard both sides.

5. This Court, at this stage, is not expressing any view on the merits of the appeal made by the petitioner, as it is for the first respondent to consider and pass orders on the same. Thus, this Writ Petition is disposed of, only with a direction to the first respondent to dispose of the appeal dated 11.04.2022, after affording due opportunity of hearing to the petitioner, third respondent as well as rival claimants / interested parties, if any. Such exercise shall be done by the first respondent within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.

03.11.2023 Speaking/Non-speaking order Index:Yes/No mk Pg.Nos.3/4

P.VELMURUGAN, J.

mk To 1.

The Revenue Divisional Officer Udayarpalayam, Ariyalur District.

2.

The Tahsildar Sendurai Taluk, Ariyalur District.

03.11.2023 Pg.Nos.4/4