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Madras High CourtWP(MD)/10081/2021disposed of

Chinnasamy v. The District Revenue Officer

2021-06-14Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD) No.10081 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD) No.10081 of 2021 (Through Video Conference) Chinnasamy

...Petitioner

Vs.

1) The District Revenue Officer, Tenkasi, Tenkasi District.

2) The Revenue Divisional Officer, Tenkasi, Tenkasi District.

3) The Tahsildar, Shengottai Taluk, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to dispose of the petitioner's appeal petition dated 01.09.2017 challenging the order of the second respondent in Pa.Mu.A2/7001/2016 dated 20.07.2017 within the time frame fixed by this Court.

For Petitioner : Mr.RJ.Karthick For Respondents : Mr.S.Shanmugavel, Special Government Pleader

O R D E R

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 01.09.2017, wherein the petitioner has challenged the order passed by the second respondent in proceedings dated 20.07.2017.

2. The learned counsel for the petitioner submitted that the second respondent through proceedings dated 20.07.2017 cancelled the Legal Heirship Certificate that was issued based on the report given by the third respondent. Aggrieved by the same, the mother of the petitioner filed an Appeal before the first respondent on 01.09.2017. Thereafter, based on the directions of the first respondent, an enquiry was also conducted by the third respondent on 22.12.2020.

3. The grievance of the petitioner is that, thereafter, there has been no progress and it is not known whether the third respondent has already given the report to the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.10081 of 2021 Left with no other option, the present writ petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.RJ.Karthick, learned counsel for the petitioner and Mr.S.Shanmugavel, learned Special Government Pleader appearing for the respondents.

5. Taking into consideration the facts and circumstances of the case, there will be a direction to the first respondent to consider the Appeal petition filed by the petitioner, dated 01.09.2017 and pass final orders on its own merits and in accordance with law, within a period of six(06) weeks from the date of receipt of a copy of this order.

6. 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. If there is any other interested party to be heard before passing the orders, the first respondent shall give an opportunity to those parties also.

7. This Writ Petition is disposed of with the above direction. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) sts 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 District Revenue Officer, Tenkasi, Tenkasi District.

2) The Revenue Divisional Officer, Tenkasi, Tenkasi District.

3) The Tahsildar, Shengottai Taluk, Tenkasi District.

W.P.(MD) No.10081 of 2021 14.06.2021 KK(21.06.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2