Madras High CourtWP(MD)/4309/2022disposed of

Vellaiyammal.V v. The District Revenue Officer

2022-03-10Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.4309 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.4309 of 2022 V.Vellaiyammal ... Petitioner vs.

1.The District Revenue Officer, Sivagangai Town, Sivagangai District.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Singampunari Taluk, K.Kalappur Revenue Village, Sivagangai District.

... Respondents (R2 cause title was suo motu amended as per the order of this Court, dated 10.03.2022 made in W.P.(MD)No.4309 of 2022) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to dispose the unnumbered appeal filed by the petitioner on 15.11.2021 in a time bound manner.

For Petitioner :Mr.V.Selvakumar For Respondents :Mr.M.Lingadurai Special Government Pleader

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the second respondent to dispose the unnumbered appeal filed by the petitioner on 15.11.2021 within a time frame to be fixed by this Court.

2.The petitioner aggrieved by granting of patta in Patta Nos.3269 and 4738 in the name of Pandian and Rajendran, respectively, has filed a statutory appeal before the first respondent. According to the petitioner, the said appeal has been forwarded to the second respondent, who is the competent authority to decide the same on merits and in accordance with law. Since the said appeal has not been disposed of till date, even though the same was filed on 15.11.2021, the petitioner has filed the present Writ Petition seeking for early disposal of the said appeal. 3.Heard Mr.V.Selvakumar, learned Counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who takes notice on behalf of the respondents.

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W.P.(MD)No.4309 of 2022 4.No prejudice will be caused to the respondents, if the petitioner's statutory appeal, which is pending on the file of the second respondent, is disposed of expeditiously after affording a fair hearing to the petitioner and other necessary parties whom the second respondent deems fit to enquire.

5.Accordingly, this Court directs the second respondent to number the statutory appeal filed by the petitioner aggrieved by the issuance of patta in Patta Nos.3269 and 4738 in the name of Pandian and Rajendran, respectively, and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and other necessary parties whom the second respondent deems fit to enquire within a period of three months from the date of receipt of a copy of this order. The office of the second respondent is wrongly mentioned in the cause title and it should be read as, the Revenue Divisional Officer, Devakottai, Sivagangai District. 6.With the above observations, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Revenue Officer, Sivagangai Town, Sivagangai District.

2.The Revenue Divisional Officer,Devakottai, Sivagangai District. 3.The Tahsildar, Singampunari Taluk, K.Kalappur Revenue Village, Sivagangai District.

+1 CC to M/s.SPL GP ( SR-11566[F] dated 11/03/2022 ) W.P.(MD)No.4309 of 2022 10.03.2022 MGJ(22.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2