Sahayam I v. The Revenue Divisional Officer Cum Sub-Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.583 of 2024 I.Sahayam ... Petitioner Vs The Revenue Divisional officer-cum-Sub-Collector, Sub-Collector Office, Cheranmahadevi, Tirunelveli District.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to dispose the petitioner's appeal petition, dated 08.01.2020 which is relating to grant patta for the land in S.No.885/1C and 925 ad-measuring 6 acre and 1 acre respectively situated at Vadakku Ariyanayakipuram Village, Cheranmahadevi Taluk, Tirunelveli District to the petitioner based on his representation dated 29.07.2023.
For Petitioner : Mr.T.Selvan For Respondent : Mr.D.Gandhiraj Special Government Pleader 1/5
ORDER
The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondent to dispose the petitioner's appeal petition, dated 08.01.2020 based on his representation, dated 29.07.2023.
2. Heard Mr.T.Selvan, learned counsel appearing for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondent.
3. By consent, this writ petition is disposed of at the admission itself.
4. According to the petitioner, he purchased a land in S.No.885/1C and 925 ad-measuring 6 Acre and 1 acre respectively situated at Vadakku Ariyanayakipuram Village, Cheranmahadevi Taluk, Tirunelveli District through a registered sale deed D.No.2199/2015, dated 10.09.2015 from one Modiram. He applied for patta transfer before the Tahsildar, Cheranmahadevi on 28.06.2016, but the Tahsildar rejected the said request. Aggrieved against the said order of Tahsildar, the petitioner has preferred an appeal petition before the respondent on 09.08.2017. The respondent has passed an order vide Ni.Mu.No.A3/9078/2017 dated 06.02.2017 and remanded the case before the 2/5
Tahsildar to grant patta to the petitioner after conducting fresh enquiry. Thereafter, the Tahsildar, Cheranmahadevi has passed an order vide Na.Ka.No.E1RTR/144/19 dated 11.10.2019 granted patta in his favour for the said survey numbers. Thereafter, the Tahsildar, Cheranmahadevi has passed orders in the petition filed by one G.S.R.Boomi Balagan vide Mu.Mu.E1/4447/2019, dated 06.12.2019 removed the petitioner's name in the said survey numbers and included the name of the said G.S.R.Boomi Balagan. The Tahsildar, Cheranmahadevi has no power to set-aside his own order and only appeal is maintainable before the respondent. Therefore, the petitioner has preferred an appeal before the respondent on 08.01.2020 against the order passed by the Tahsildar, Cheranmahadevi, dated 06.12.2019.
But the respondent has not taken any steps to dispose the appeal. Hence, the petitioner has sent a representation to the respondent on 29.07.2023 seeking speedy disposal of the appeal. Since the respondent has not taken any action to dispose of the appeal, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.
5. The learned Special Government Pleader appearing for the respondent would submit that appropriate direction may be given to the respondent to dispose of the appeal filed by the petitioner, in accordance with law, within a time frame.
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6. Considering the limited scope of the prayer sought for by the petitioner, without going into the merits of the matter, this Court directs the respondent to dispose the appeal petition, dated 08.01.2020 filed by the petitioner and pass orders on merits and in accordance with law within a period of sixteen (16) weeks from the date of receipt of a copy of this order.
7. Accordingly, this writ petition is disposed of. No costs. 11.01.2024 Index : Yes/No Internet: Yes/No am To The Revenue Divisional officer-cum-Sub-Collector, Sub-Collector Office, Cheranmahadevi, Tirunelveli District.
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V.BHAVANI SUBBAROYAN, J.
am W.P(MD)No.583 of 2024 11.01.2024 5/5