R.Narayana Moorthy, v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.1588 of 2018 R.Narayana Moorthy ... Petitioner Vs.

1. The District Revenue Officer, Pudukottai, Pudukottai District.

2. The Revenue Divisional Officer, Aranthangi, Pudukottai District.

3. The Tahsildar, Aranthangi, Pudukottai District.

4. Mr.Mathiazhagan

5. Mr.S.Muthuraman ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to pass orders on the appeal petition submitted by the petitioner on 19.07.2017 against the fourth respondent for the cancellation of Patta, fraudulently obtained by him for 53 cents (by sub-dividing the Survey No.97/2B1) instead of 42 cents out of 113 cents in the Old Survey No.97/2.

For Petitioner : Mr.M.MD.Ibrahim Ali For R1 to R3 : Mrs.J.Padmavathy Devi Special Government Pleader

O R D E R

The relief sought for in this writ petition is to direct the first respondent to pass orders on the appeal petition submitted by the writ petitioner on 19.07.2017 against the fourth respondent for the cancellation of Patta, fraudulently obtained by him for 53 cents instead of 42 cents out of 113 cents in the Old Survey No.97/2.

2. The learned counsel appearing for the writ petitioner made a submission that against the order passed by the Tahsildar, an appeal was preferred before the first respondent on 19.07.2017. However, https://hcservices.ecourts.gov.in/hcservices/

the appeal is yet to be considered. The learned counsel for the petitioner states that the rights of the parties are infringed and any delay in disposing the appeal will affect the right of the petitioner in this regard.

3. In this view of the matter, the first respondent is directed to consider the appeal submitted by the writ petitioner, on 19.07.2017 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4. The writ petitioner is directed to enclose the copy of the appeal and other documents if any along with the order passed in this writ petition. Accordingly, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To

1. The District Revenue Officer, Pudukottai, Pudukottai District.

2. The Revenue Divisional Officer, Aranthangi, Pudukottai District.

3. The Tahsildar, Aranthangi, Pudukottai District.

+One cc to Mr.Mohammed Ibrahim Ali, Advocate, SR.No.44504 +One cc to The Special Government Pleader, SR.No.44801 akv RL/6C/2P/KKR/SAR4/12/2/2018 W.P.(MD)No.1588 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 29.01.2018