Dharmalingam B v. The Revenue Divisional Officer

W.P.[MD]No.3409 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.3409 of 2022 B.Dharmalingam ... Petitioner /Vs./ 1.The Revenue Divisional Officer, Lalgudi, Trichy District.

2.The Tahsildar, Lalgudi Taluk, Trichy District.

3.Simon ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to consider and pass orders on the petitioner's appeal dated 09.03.2021 to remove the Survey No.308/2 from Patta No.316 and further direct the 1st respondent to issue Patta to him and his brother in respect of the property measuring to an extent of 0.82.00 Ares comprised in Survey No.308/2 situated at Muthuvathur Village, Lalgudi Taluk, Trichy District.

For Petitioner : Mr.T.Lenin Kumar For R1 & R2 : Ms.S.Jeyapriya Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to consider and pass orders on the petitioner's appeal under the Tamil Nadu Patta Passbook Act, 1983, dated 09.03.2021, within a time frame to be fixed by this Court. 2.According to the petitioner, aggrieved by the issuance of patta in favour of the third respondent, for S.No.308/2, the petitioner has preferred a statutory appeal before the first respondent on 09.03.2021. Since the appeal has not been disposed of expeditiously, the petitioner seeks for early disposal of the said appeal in this writ petition.

3.Ms.S.Jeyapriya, learned Government Advocate, who accepts notice on behalf of the respondents 1 and 2, would submit that https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.3409 of 2022 summons have already been issued to the petitioner in the statutory appeal filed by him. The said statement is recorded. 4.No prejudice would be caused to the respondents, if the petitioner's appeal is disposed of, within a time frame to be fixed by this Court, after affording a fair hearing to the petitioner and the third respondent.

5.Accordingly, this Court directs the first respondent to dispose of the statutory appeal filed by the petitioner under the Tamil Nadu Patta Passbook Act, 1983, on 09.03.2021 pertaining to Patta No.316 and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and the third respondent, within a period of two (2) months from the date of receipt of a copy of this order.

6.With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Deputy Registrar (Accounts) // True Copy // / /2022 Sub Assistant Registrar(CS) sm NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Revenue Divisional Officer, Lalgudi, Trichy District.

2.The Tahsildar, Lalgudi Taluk, Trichy District.

+1 CC to M/s.SPL GP ( SR-8306[F] dated 24/02/2022 ) W.P.[MD]No.3409 of 2022 Dated:

23.02.2022 RK(16/03/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2