S.Shahitha Banu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.34470 of 2022 and WMP.No.33917 of 2022 S.Shahitha Banu ... Petitioner -Vs1. The District Collector, Cuddalore District, Cuddalore.

2. The Revenue Divisional Officer, Chidambaram, Cuddalore District.

3. The Tahsildar, Tahsildar Office, Taluk Office, Kattumannarkoil Taluk, Cuddalore District.

4. The Deputy Superintendent of Police, Sethiyathoppu, Cuddalore District.

5. The Head Surveyor, Taluk Office, Kattumannarkoil, Cuddalore District.

6. N.Prathap ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to dispose the statutory appeal filed by the petitioner on 1/5

04.12.2022 within a stipulated time.

For Petitioner : Mr.C.Prakasam For Respondents : Mrs.Akila Rajendran Government Advocate [R1 to R5]

ORDER

The prayer sought for herein is for a writ of mandamus directing the 2nd respondent to dispose the statutory appeal filed by the petitioner on 04.12.2022 within a stipulated time.

2. As against the order passed by the Tahsildar under the provisions of the Patta Passbook Act, 1983[in short, 'the said Act'], the petitioner preferred appeal under Section 12 of the said Act to the Revenue Divisional Officer i.e., second respondent on 04.12.2022 against the private respondent herein.

3. Only in order to decide the said appeal and to dispose the same on merits and in accordance with law at the earliest point of time, the petitioner has moved the present writ petition. 2/5

4. Heard Mr.C.Prakasam, learned counsel appearing for the petitioner, who having reiterated the aforesaid would seek indulgence of this court.

5. Heard Mrs.Akila Rajendran, learned Government Advocate appearing for the official respondents, who would submit that the said appeal submitted by the petitioner to the second respondent would be decided on merits and in accordance with law at the earliest point of time that may be stipulated by this Court.

6. In view of the order going to be passed in this writ petition, notice to the private respondent is hereby dispensed with.

7. Having regard to the said stand taken by the learned Government Advocate appearing for the official respondents and taking note of the aforesaid limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following order:

That there shall be a direction to the second respondent to 3/5

decide the appeal filed by the petitioner dated 04.12.2022 on merits and in accordance with law within a period of six(6) weeks from the date of receipt of a copy of this order. With this direction, this writ petition is disposed of. No costs. Connected miscellaneous petition is closed.

23.12.2022 Index : Yes/No Speaking order: Yes/No mp To

1. The District Collector, Cuddalore District, Cuddalore.

2. The Revenue Divisional Officer, Chidambaram, Cuddalore District.

3. The Tahsildar, Tahsildar Office, Taluk Office, Kattumannarkoil Taluk, Cuddalore District.

4. The Deputy Superintendent of Police, Sethiyathoppu, Cuddalore District.

5. The Head Surveyor, Taluk Office, Kattumannarkoil, Cuddalore District.

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R. SURESH KUMAR, J.

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