R. Mariyappan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA R.Mariyappan ... Petitioner -vs1 The Revenue Divisional Officer, Melur Revenue Division, Melur, Madurai District.

2 The Tahsildar, Melur Taluk, Madurai District.

...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 1st respondent to conduct an enquiry and dispose the petitioner's appeal, dated 22.10.2024, submitted in regard to cancellation of patta No.4899 issued by the 2nd respondent with regard to his father's property to an extent of 34.50 cents situated in S.No.142/14 of Seminipatti Village, Melur Taluk, Madurai District, based on his representation dated 09.12.2024.

For Petitioner : Mr.M.Mohanasundaram For Respondents : Mr.A.Kannan, Addl. Govt. Pleader.

ORDER

The petitioner has filed this Writ Petition for a mandamus, directing the first respondent to conduct an enquiry and dispose of the petitioner's appeal, dated 22.10.2024, with regard to cancellation of patta No. 4899 issued by the 2nd respondent, in respect of the petitioner's father's property to an extent of 34.50 cents, situated in S.No.142/14 of Seminipatti Village, Melur Taluk, Madurai District, based on the petitioner's representation, dated 09.12.2024.

2. The subject lands in Survey No.142/14 of Seminipatti Village, Melur Taluk, Madurai District, to an extent of 34.50 cents originally belonged to petitioner's father. The petitioner's father was in possession and enjoyment of the same till his death on 26.04.1994. Thereafter, the petitioner was in possession and enjoyment of the property. While so, the second respondent wrongly included the petitioner's father's property in patta N.4899 of one Muthu Ramalingam Sethupathi, son of Subbaiya Ambalam. Aggrieved by the

same, the petitioner preferred an appeal on 22.10.2024 before the first respondent, requesting him to cancel the patta no.4899 in so far as the petitioner's father's property in Survey No.142/14 was concerned and issue separate patta in petitioner's father's name. As the first respondent did not initiate any action on the petitioner's appeal, the petitioner earlier filed W.P. (MD) No.29207 of 2024, which was subsequently withdrawn, with liberty to file a fresh writ petition, after submitting a reminder representation to the first respondent. The petitioner, thereafter, submitted a representation to the first respondent on 09.12.2024, requesting him to conduct an enquiry and dispose of his appeal, dated 22.10.2024. Even thereafter, the first respondent did not initiate any action on the petitioner's appeal. The petitioner, therefore, filed the above Writ Petition for the aforesaid relief.

3. It is seen that the petitioner's appeal, dated 22.10.2024, is kept pending with the first respondent without any action, for the past two months. Therefore, a direction is issued to the first respondent to dispose of the appeal of the petitioner within the stipulated time mentioned in the Circular, dated 17.07.2023, of the Commissioner of Land Administration, Chennai, on merits and in accordance with law.

4. Writ Petition is disposed of accordingly. No costs. 10.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 The Revenue Divisional Officer, Melur Revenue Division, Melur, Madurai District.

2 The Tahsildar, Melur Taluk, Madurai District.

N.MALA, J.

dixit 10.01.2025