Azhagu Kumar R v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI R.Azhagu Kumar ... Petitioner Vs.

1.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

2.The Tahsildar, Sivagangai Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to dispose of the online application in application No.2025/N103/23/008358 dated 07.02.2025 for issuance of patta in old Natham S.No.157/3C1A and New S.No.157/55, Kanchirangal Village, Sivagangai Taluk, Sivagangai District filed by the petitioner within the time frame stipulated by this Court. For Petitioner : Mr.M.Mahaboob Fazil For M/s.Roy and Roy Associates For Respondents : Mr.C.Satheesh Government Advocate 1/4

O R D E R

The petitioner seeks issuance of writ of Mandamus to direct the second respondent/Tashildar to dispose of the petitioner's online application, dated 07.02.2025.

2. According to the petitioner, the patta has been issued in favour of one Govindhamammal in Patta No.479, which has triggered the petitioner to make an online application on 07.02.2025 to conduct enquiry and issue patta to the petitioner.

3. Under section 10 of the Patta Passbook Act, once the patta has been issued by the Tashildar, the only avenue open to the petitioner to challenge the same and has to file an appeal before the Revenue Divisional Officer concerned. I don't find any such application having been made before the Revenue Divisional Officer in the present case.

4. In view of above, the writ petition is disposed of directing the petitioner to prefer an appeal before the first respondent within a period of 2 weeks from the date of receipt of a copy of this order and on receipt of such 2/4

appeal from the petitioner, the first respondent shall consider and pass orders on merits and in accordance with law after affording an opportunity to the petitioner as well as Govindhamammal, in whose name Patta No.479 has been issued. The said exercise shall be carried out within a period of 8 weeks from the date of receipt of the appeal papers from the petitioner. If such appeal is filed within a period of 2 weeks, without putting limitation against the petitioner, it should be taken on file. No costs. 16.04.2025 NCC:yes/no Index:yes/no Internet:yes/no sn To:

1.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

2.The Tahsildar, Sivagangai Taluk, Sivagangai District.

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P.B.BALAJI , J.

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