Madras High CourtWP(MD)/4549/2022disposed of

Govindarajan.M v. The District Revenue Officer

2022-03-15Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.4549 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.4549 of 2022 M.Govindarajan .. Petitioner Vs 1.The District Revenue Officer, Tiruchirappalli District, Tiruchirappalli.

2.M.James.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to expedite the petitioner's appeal, dated 15.04.2021, with regard to removal of T.S.No.59/1 and 59/2 from Patta No.176 and conclude the same, within a time frame that may be fixed by this Court. For Petitioner : Mr.I.Velpradeep For Respondent : Mr.S.Jeyapriya for R1 Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to dispose of the petitioner's statutory appeal, dated 15.04.2021, expeditiously, with regard to the removal of T.S.Nos.59/1 and 59/2 and conclude the same, within a time frame to be fixed by this Court.

2.It is the case of the petitioner that aggrieved by the inclusion of T.S.Nos.59/1 and 59/2 in Patta No.176, which was issued in favour of the second respondent, the petitioner has preferred the statutory appeal before the first respondent on 15.04.2021. Since no final orders have been passed till date, the petitioner seeks for early disposal of the statutory appeal.

3.The petitioner has filed the patta, dated 18.06.1984, standing in the name of the petitioner in respect of T.S.Nos.59/1 and 59/2. According to the petitioner, patta has now wrongly been issued in the name of the second respondent on 28.06.1990. Aggrieved by the same, the petitioner has filed the statutory appeal, which is pending on the file of the first respondent. 4.Heard Mr.I.Velpradeep, learned counsel appearing for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate, who accepts notice on behalf of the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4549 of 2022 5.No prejudice will be caused to the first respondent, if a direction is issued to the first respondent to dispose of the statutory appeal filed by the petitioner, within a time frame to be fixed by this Court.

6.Accordingly, this Court directs the first respondent to pass final orders on the petitioner's appeal, dated 15.04.2021, with regard to the removal of T.S.Nos.59/1 and 59/2 from Patta No.176, within a period of three months from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and the second respondent as well as any other necessary parties, whom the first respondent deems fit to enquire.

7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 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 District Revenue Officer, Tiruchirappalli District, Tiruchirappalli.

+1 CC to M/s.SPL GP ( SR-12735[F] dated 17/03/2022 ) W.P.(MD)No.4549 of 2022 15.03.2022 MGJ(28.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2