M.Sobitha Kumar v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.No.30827 of 2023 M.Sobitha Kumar S/o.Messiah Dhas ... Petitioner versus 1.

The District Revenue Officer Central Chennai Maduravoyal Chennai.

2.

The Revenue Divisional Officer Central Chennai Maduravoyal Chennai-600 095.

3.

The Tahsildar Maduravoyal Taluk Maduravoyal Chennai-600 095.

4.

Rajini's New Life Complex Welfare Association No.15, Arcot Salai Porur, Chennai-600 116.

...Respondents

Pg.Nos.1/5

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by 2nd respondent in Na.Ka.No.A3/5502/2022 dated 03.06.2023 and to quash the same and consequently, to direct the 1st respondent to consider the petitioner's appeal petition dated 22.06.2023 and to issue patta in favour of petitioner in respect of the property measuring to an extent of 3369 sq.ft situated at Arcot Road, comprised in Survey No.442/4A part of Maduravoyal Village, Chennai District and dispose the same within the time.

For Petitioner :

Mr.M.Silambarasan For Respondents :

Mr.R.P.Murugan Raja Government Advocate for R1 to R3

O R D E R

Mr.R.P.Murugan Raja, learned Government Advocate accepts notice for respondents 1 to 3.

2. This writ petition has been filed seeking to quash the impugned order dated 03.06.2023 passed by the 2nd respondent bearing reference Na.Ka.No.A3/5502/2022 and consequently, to direct the first respondent to consider the petitioner's appeal petition dated 22.06.2023 wherein and Pg.Nos.2/5

whereby he sought for issuance of patta in his favour in respect of the property measuring to an extent of 3369 sq.ft situated at Arcot Road, comprised in Survey No.442/4A part of Maduravoyal Village, Chennai District and dispose of the same.

3. The main grievance of the writ petitioner is that, even though the petitioner filed an appeal petition dated 22.06.2023 before the first respondent, the same has not been considered so far.

4. Learned Government Advocate for the respondents submits that appeal filed by the writ petitioner is still pending before the first respondent.

5. Pending appeal, the certiorari limb of the prayer sought for by the writ petitioner cannot be granted.

6. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the first respondent to consider and decide the appeal on its own merits and in accordance with Pg.Nos.3/5

law. Thus, without expressing any view on the merits of the matter, the Writ Petition is disposed of only by directing the first respondent to consider the appeal filed by the petitioner and pass orders on the same on merits and in accordance with law, after affording an opportunity of hearing, within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

31.10.2023 Speaking/Non-speaking order Index:Yes/No mk To 1.

The District Revenue Officer Central Chennai Maduravoyal Chennai.

2.

The Revenue Divisional Officer Central Chennai Maduravoyal Chennai-600 095.

3.

The Tahsildar Maduravoyal Taluk Maduravoyal Chennai-600 095.

Pg.Nos.4/5

P.VELMURUGAN, J.

mk 31.10.2023 Pg.Nos.5/5