Chandrasekaran v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2018

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.13711 of 2018 and W.M.P.(MD) NO.12457 of 2018 Chandrasekaran ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Kodaikanal,Dindigul District.

3.The Tahsildar, Kodaikanal, Dindigul District.

4.M.Balamurali ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the first respondent to consider and pass order on the petitioner's appeal dated 18.12.2017 to change of patta in the name of the petitioner regarding the land in New.S.No.531/2 (Old Survey Nos.592/1, 592/2) of Kookal Village Group, Kodaikanal Taluk, Dindigul District. For Petitioner : Mr.V.Kannan For R1 to R3 : Mr.N.Shanmugaselvam Additional Government Pleader

O R D E R

The petitioner seeks for issuance of a writ of Mandamus directing the first respondent to consider and pass order on the petitioner's appeal dated 18.12.2017 to change of patta in the name of the petitioner regarding the land in New.S.No.531/2 (Old Survey Nos.592/1, 592/2) of Kookal Village Group, Kodaikanal Taluk, Dindigul District.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3.

3. Aggrieved over the order of the Revenue Divisional Officer, regarding issuance of patta, the petitioner has preferred an appeal before the first respondent on 18.12.2017. Since no progress is made by the first respondent, the petitioner is before this Court.

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4.Before disposal of the appeal, the quasi judicial authority/the first respondent shall afford an opportunity to the rival claimants and therefore, it takes reasonable time to dispose of the appeal. But, even after six months, no progress is made. Hence, this Court is inclined to issue a direction as prayed for by the petitioner. Accordingly, a direction is issued to the first respondent to dispose of the appeal after affording opportunity to all the parties concerned within a period of six months from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs. Consequently, W.M.P.(MD) No.12457 of 2018 is closed. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Kodaikanal,Dindigul District.

3.The Tahsildar, Kodaikanal, Dindigul District.

+1cc to Mr.V.Kannan, Advocate Sr.No.70202 CM VB/RSK/SAR4/13.07.2018/2P/5C W.P.(MD) No.13711 of 2018 and W.M.P.(MD) No.12457 of 2018 27.06.2018 https://hcservices.ecourts.gov.in/hcservices/