Madras High CourtWP(MD)/10893/2021disposed of

Deepa Amutha v. The Revenue Divisional Officer

2021-07-01Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.10893 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.10893 of 2021 Deepa Amutha ... Petitioner Vs.

1.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

2.Kalirajan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to speedy disposal of the petitioner's appeal in Na.Ka.A1/648/2016, dated 24.01.2020 with fixing in the time frame based on the petitioner's representation, dated 24.09.2019 and 24.01.2020. For Petitioner : Mr.PR.Boomee Rajan For Respondents : Mr.M.Lingadurai for R1 Government Advocate

ORDER

This writ petition has been filed for the issue of Writ of Mandamus directing the first respondent to dispose of the appeal that is pending in Na.Ka.A1/648/2016, dated 24.01.2020, within the time frame fixed by this Court.

2.The case of the petitioner is that she had purchased the subject property from one Muniammal by virtue of a registered sale deed, dated 20.05.2015. The further case of the petitioner is that the second respondent had created forged documents and had registered the very same property. By virtue of this document, he had also sought for a patta and the Tahsildar, Sivakasi, without proper notification had issued patta in favour of the second respondent. The petitioner aggrieved by the same filed an appeal before the first respondent and the same was taken on file in Na.Ka.A1/648/2016. The grievance of the petitioner is that the first respondent has not enquired the appeal and therefore, left with no other option, the present writ petition has been filed before this Court, seeking for appropriate directions.

3.Heard Mr.PR.Boomee Rajan, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the 1st respondent.

4.Taking into consideration the facts and circumstances of the case and the limited relief sought for this in writ petition, there https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.10893 of 2021 shall be a direction to the first respondent to dispose of the appeal in Na.Ka.A1/648/2016, dated 24.01.2020, after affording opportunity to the petitioner and the second respondent on its own merits and in accordance with law and pass final orders, within a period of eight 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 relevant documents and a copy of this order.

6.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

+1 CC to M/s.SPL GP ( SR-21047[F] dated 02/07/2021 ) W.P.(MD).No.10893 of 2021 01.07.2021 KK(09.07.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2