Sammanasumary v. The Sub Divisional Magistrate Cum Revenue Divisional Officer

In the High Court of Judicature at Madras Dated : 27.11.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.34398 of 2024 Sammanasumary

...Petitioner

Vs 1.The Sub Divisional Magistrate- cum-Revenue Divisional Officer, Cuddalore, Cuddalore District.

2.The Tahsildar, Panruti Taluk, Cuddalore District.

3.Mr.Raja

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to decide and consider the appeal made by the petitioner dated 14.8.2023 and cancel the patta standing in the name of the third respondent.

For Petitioner :

Mr.D.Ashokkumar For R1 & R2 :

Mr.A.Selvendran, SGP

ORDER

Aggrieved by the fact that her appeal sent to the first respondent dated 14.8.2023 questioning the cancellation of the patta granted to her and the transfer of patta in the name of the third respondent has 1/4

not yet been considered, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for respondents 1 and 2.

3. The facts narrated in the affidavit filed in support of the writ petition would indicate that criminal complaints have been lodged by the petitioner against the third respondent and others. Further, the third respondent, in whose name, the patta was transferred, attempted to cause grievous injuries on the petitioner, for which, a police complaint has been lodged. Further, the first respondent passed a restraint order on 09.2.2024 against the petitioner, which is causing hardship to her.

4. Taking note of the fact that despite pendency of the appeal for over a year, the first respondent, without disposing of the appeal, passed a restraint order against the petitioner, the writ petition is allowed and a Mandamus is issued to the first respondent to dispose of the appeal filed by the petitioner dated 14.8.2023 within a period of six weeks from the date of receipt of a copy of this order. No costs. 2/4

27.11.2024 RS 3/4

P.T.ASHA,J RS To 1.The Sub Divisional Magistrate- cum-Revenue Divisional Officer, Cuddalore, Cuddalore District.

2.The Tahsildar, Panruti Taluk, Cuddalore District.

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