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Madras High CourtWP(MD)/4084/2022disposed of

Kannammal v. The Revenue Divisional Officer

2022-03-07Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Kannammal ... Petitioner /Vs./

1. The Revenue Divisional Officer, Kulithalai, Karur District.

2. The Tahsildar, Kadavur Taluk, Karur District.

3. The Zonal Deputy Tahsildar, Kadavur Taluk, Karur District.

4. Chinnaponnu

5. Tamilarasi

6. Kayalvizhi

7. Muthuselvi ... 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 dispose the petitioner's appeal dated 29.10.2021 in accordance with Rule 4(4) of Tamil Nadu Patta Pass Book Act, 1983 as early as possible.

For Petitioner : Mr.M.Suresh For Respondents : Mr.D.Sasikumar Additional Government Pleader for R1 to R3.

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to dispose of the petitioner's appeal dated 29.10.2021 in accordance with Rule 4(4) of Tamil Nadu Patta Pass Book Act, 1983, expeditiously.

2.It is the case of the petitioner that aggrieved by the mutation of patta in the name of the respondents 4 to 7, for the properties comprised in S.F.No.348/6 to an extent of 1 acre 44 cents, S.F.No.346/2D to an extent of 25 cents and S.F.No.358/1C to an extent of 54 cents, the petitioner has preferred a statutory appeal before the first respondent. Since the said appeal has not been disposed of till date, even though the same has been filed on 29.10.2021 itself, she seeks for early disposal. 1/3

3.Heard Mr.M.Suresh, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the official respondents. 4.No prejudice would be caused to the official respondents, if the representation of the petitioner seeking for early disposal of the statutory appeal dated 29.10.2021 pending on the file of the first respondent is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, respondents 4 to 7 and other rival claimants, whom the official respondents deem fit to enquire.

5.Accordingly, this Court directs the first respondent to dispose and pass final orders in the statutory appeal dated 29.10.2021, within a period of twelve [12] weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner, respondents 4 to 7 and other rival claimants, whom the official respondents deem fit to enquire. 6.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (AD-II) // 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, Kulithalai, Karur District.

2. The Tahsildar, Kadavur Taluk, Karur District.

3. The Zonal Deputy Tahsildar, Kadavur Taluk, Karur District.

2/3

+1 CC to M/s.SPL GP ( SR-10558[F] dated 08/03/2022 ) Dated:

07.03.2022 NSN(CO) KB(17.03.2022) 3P 5C 3/3