Madras High CourtWP(MD)/8542/2021disposed of

Sivanandi v. The Revenue Divisional Officer

2021-04-26Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.8542 of 2021 Sivanandi v. The Revenue Divisional Officer BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.8542 of 2021 (Through Video Conferencing) Sivanandi ... Petitioner Vs.

1.The Revenue Divisional Officer, Nilakottai Taluk Dindigul District 2.The Tahsildar Nilakottai Taluk Nilakottai Dindigul District ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to dispose the appeal filed by the petitioner on 30.03.2021 within a stipulated time.

For Petitioner : Mr.T.A.Ebenezer For Respondent : Mr.S.Angappan Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the first respondent to dispose of the appeal filed by the petitioner on 30.03.2021 within the time limit prescribed by this Court.

2. The case of the petitioner is that he purchased the subject property by virtue of a registered sale deed dated 05.09.1974. The further case of the petitioner is that the patta stands in the name of "Kirama Thana Cooperative Society" with respect to the subject property and there is absolutely no right or title for the society in the subject property. The petitioner therefore made a representation/appeal before the first respondent to cancel the entry made in favour of the above society and to grant patta in the name of the petitioner. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate direction.

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W.P.(MD)No.8542 of 2021 Sivanandi v. The Revenue Divisional Officer

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the first respondent to consider the representation/appeal filed by the petitioner on 30.03.2021 and deal with the same on its own merits, after affording an opportunity to the petitioner and the Society in whose name the patta stands and pass final orders within twelve weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.

6. This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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, Nilakottai Taluk Dindigul District 2.The Tahsildar Nilakottai Taluk Nilakottai Dindigul District +1 CC to M/s.T.A.EBENEZER, Advocate ( SR-17621[F] dated 27/04/2021 ) +1 CC to M/s.SPL GP ( SR-17752[F] dated 27/04/2021 ) W.P.(MD)No.8542 of 2021 26.04.2021 RK(11.05.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2