Madras High CourtWP(MD)/11156/2021disposed of

Selvaraj v. The Revenue Divisional Officer

2021-07-06Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.11156 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.11156 of 2021 Selvaraj

...Petitioner

Vs.

1.The Revenue Divisional Officer, Dindigul District.

2.The Tahsildar, Nilakkottai Taluk, Dindigul District.

3.Mathalaimary .... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to expedite the appeal in Na.Ka.No.8373 of 2017 preferred by the petitioner herein to cancel the Joint Patta in No.1587 with respective S.F.No.224 of 7E3 having an extent of 3.50 Ares situate at Nariyuthu Village, Nilakkottai Taluk, Dindigul District, within stipulated time as may be fixed by this Court. For Petitioner : M/s.A.Aruljenifer For R1 and R2 : Mr.R.Sureshkumar Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the first respondent to expedite the appeal pending in Na.Ka.No.8373 of 2017 and pass orders within the time frame fixed by this Court.

2. The case of the petitioner is that an appeal has been filed before the first respondent seeking for cancellation of the patta that was issued in the name of the third respondent. The appeal was taken on file in Na.Ka.No.8373 of 2017. The grievance of the petitioner is that the appeal is yet to be enquired and orders have not been passed by the first respondent. Left with no other alternative, the present Writ Petition has been filed before this Court seeking for appropriate directions. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.11156 of 2021

3. Heard M/s.A.Aruljenifer, learned counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate appearing on behalf of the respondents 1 and 2.

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 enquire the appeal pending in Na.Ka.No.8373 of 2017 after affording opportunity to the petitioner and the third respondent and pass final orders on merits and in accordance with law within a period of six (6) 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. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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, Dindigul District.

2.The Tahsildar, Nilakkottai Taluk, Dindigul District.

+1 CC to M/s.SPL GP ( SR-21497[F] dated 07/07/2021 ) Order made in W.P.(MD).No.11156 of 2021 Dated: 06.07.2021 ns(CO) TR(13.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2