J.Babu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.11.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.29561 of 2018 J. Babu .. Petitioner Vs.

1. The District Collector, Nelagiri District.

2. The District Revenue officer, (DRO) Nelagiri District.

3. The Revenue Divisional Officer (RDO), Gudalur, Nelagiri District.

4. The Thasildar, Gudalur Taluk, Nelgiris District.

5. Zainaba .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to consider the Revision appeal dated 22.08.2017 filed by the petitioner under section 13 of Patta Pass Book Act and further directing the respondent to issue Patta in Old Survey No.348 and new Survey No.149/A-1B, in Gudalur Village, Gudalur Taluk, Nilgiris District in the name of petitioner in accordance with law.

For Petitioner : Mr.S.Ramajayam For Respondents 1 to 4 : Mr.V.Shanmugasundar Special Government Pleader

O R D E R

By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2.The petitioner has come up with this Writ Petition seeking a direction to the second respondent to consider his Revision appeal dated 22.08.2017 and issue Patta in old Survey No.348 and new survey No.149/A-1B, situated at Gudalur Village, Gudalur Taluk, Nelgiris District in his name.

3.According to the learned counsel for the petitioner, the petitioner has submitted a Revision Appeal dated 22.08.2017 but, the same is yet to be disposed of by the second respondent. Hence, the petitioner is before this Court.

4.Heard Mr.V.Shanmugasundar, learned Special Government Pleader taking notice on behalf of the respondents 1 to 4. 5.Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the first respondent to consider the revision appeal dated 22.08.2017, and pass appropriate orders, on merits and in accordance with law, after issuing notice to fifth respondent herein and also affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Srn/av To

1. The District Collector, Nelagiri District.

2. The District Revenue officer, (DRO) Nelagiri District.

3. The Revenue Divisional Officer (RDO), Gudalur, Nelagiri District.

4. The Thasildar, Gudalur Taluk, Nelgiris District.

+1cc to Mr.S.Ramajayam, Advocate sr.no.77191 +1cc to Government Pleader sr.no.78048 W.P.No.29561 of 2018 ssv(co) nr 10/12/2018