Madras High CourtWP(MD)/1864/2022disposed of

Devi v. The Revenue Divisional Officer

2022-02-18Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.1864 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.1864 of 2022 and W.M.P.(MD)No.1617 of 2022 Devi ... Petitioner vs.

1.The Revenue Divisional Officer, Tenkasi, Tenkasi District.

2.R.Valli 3.R.Gomathinayagam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records of the impugned order vide Na.Ka.A2/5690/2020 dated 31.12.2021 passed by the first respondent herein cancelling the deed of Doc.No.246/1999 of SRO Shenkottai and quash the same as illegal. For Petitioner :

Mr.G.Karthik For R1 :

Mr.D.Sasikumar Additional Government Pleader For R2 :

Mr.T.Indrachithu

O R D E R

When the matter is taken up for hearing, the learned Counsel for the petitioner, on instructions, would submit that the petitioner will be satisfied, if the petitioner is permitted to file statutory appeal aggrieved by the impugned order, dated 31.12.2021 passed by the first respondent. The learned Counsel for the petitioner would also submit that till the statutory appeal is filed, a direction may be issued by this Court to keep the impugned order in abeyance. The said statement is recorded. 2.Accordingly, this Court permits the petitioner to file statutory appeal as against the impugned order, dated 31.12.2021 passed by the first respondent before the competent authority within a period of fifteen days from the date of receipt of a copy of this order. Till such time, the impugned order passed by the first respondent, dated 31.12.

2021 shall remain stayed and once the appeal is filed, the interim order of stay shall stand automatically vacated. The competent authority, who is empowered to hear the appeal, shall dispose of the appeal within a period of three months from the date of filing of the appeal by the petitioner on merits and in accordance with law after affording a fair hearing to the petitioner. Liberty is also granted to the petitioner to file an https://hcservices.ecourts.gov.

W.P.(MD)No.1864 of 2022 application seeking for stay of the impugned order, dated 31.12.2021 passed by the first respondent before the appellate authority. 3.In terms of the above, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To The Revenue Divisional Officer, Tenkasi, Tenkasi District.

+1 CC to M/s.SPL GP ( SR-7746[F] dated 22/02/2022 ) +1 CC to M/s.N.GANAGASAPAPATHY, Advocate ( SR-7907[F] dated 22/02/2022 ) W.P.(MD)No.1864 of 2022 18.02.2022 AP(26.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2