Chinnaiah Udaiyar, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.15876 of 2015 Chinnaiah Udaiyar ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

3.The Tahsildar, Karampakkudi Taluk, Pudukkottai District. ...Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the second respondent to dispose of the appeal made in Na.Ka.A6/2883/2010 in accordance with law within the time stipulated by this Court. For petitioner : Mr.D.Sadiq Raja For Respondents : Mr.S.Kumar, Additional Government Pleader

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the second respondent to dispose of the appeal made in Na.Ka.A6/2883/2010 in accordance with law within the time stipulated by this Court.

2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.

3. By consent, the Writ Petition itself is taken up final disposal.

4. The case of the petitioner is that the property comprised in New Survey No.253/6 measuring to an extent of 0.92.0 Acres situated at Valangondan Viduthi Village, Alangudi Taluk, Pudukkottai District originally belonged to the mother of the petitioner. After her demise, mutations were carried out in the revenue records in the name of her children. Under the said circumstances, the fourth respondent wrongly issued patta in the name of one Ramasamy, S/o.Rengappudaiyar and the said Ramasamy died leaving behind his son Soman as legal heir. Hence, the petitioner preferred an appeal before the second respondent in the year https://hcservices.ecourts.gov.in/hcservices/

2010, to set aside the order passed by the third respondent, dated 31.10.1992 and to issue patta in favour of the petitioner, his brother Appadurai and his sister Veerammal. The said appeal is pending till date without any progress. Hence, the petitioner has come forward with the Writ Petition for the above stated relief.

5. Considering the submissions made on either side, this Court directs the second respondent to dispose of the appeal filed by the petitioner, 15.03.2010, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, by affording an opportunity of hearing to all the necessary parties. It is made clear that this Court has not expressed any opinion on the merits of the case and it is for the second respondent to consider the same purely on merits.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar pm To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

3.The Tahsildar, Karampakkudi Taluk, Pudukkottai District.

+one cc to Mr.D.Sadiq Raja, Advocate in SR.No.51122 +one cc to The Special Government Pleader, SR.No. 51286 W.P(MD).No.15876 of 2015 02.09.2015 CSL/NGM-SS/15.09.2015 2p/6c https://hcservices.ecourts.gov.in/hcservices/