Sureshkanna.R v. The Revenue Divisional Officer/Sub Collector

W.P.(MD)No.11398 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.11398 of 2021 R.Sureshkanna ... Petitioner Vs.

The Revenue Divisional Officer /Sub Collector, Paramakudi, Ramanathapuram District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to dispose the appeal in Na.Ka.No.A3/7865/2020 dated 16.11.2020 filed by the petitioner within a time frame as fixed by this Court. For Petitioner : Mr.D.Sasikumar For Respondent : Mr.M.Lingadurai Government Advocate

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondent to dispose of the appeal pending in Na.Ka.No.A3/7865/2020, dated 16.11.2020.

2. The case of the petitioner is that the subject property originally belonged to the maternal grandfather. He died on 31.03.2010 leaving behind two sons and two daughters. The grievance of the petitioner is that one of the son, namely, Kannusamy, has obtained a patta in his individual name as if he is the only legal heir. Aggrieved by the same, the petitioner has filed an appeal before the respondent and the same was taken on file in Na.Ka.No.A3/7865/2020, dated 16.11.2020. Since there was no progress in the enquiry, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.D.Sasikumar, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondent.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondent to dispose of the appeal in Na.Ka.No.A3/7865/2020, dated 16.11.2020, after affording opportunity to the petitioner and other legal heirs and also the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.11398 of 2021 above said Kannusamy and deal with the same on its own merits and in accordance with law and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the respondent along with all the relevant documents and also a copy of this order.

6. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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 /Sub Collector, Paramakudi, Ramanathapuram District.

+1 CC to M/s.SPL GP (SR-22082[F] dated 12/07/2021) +1 CC to M/s.D.SASIKUMAR, Advocate (SR-22233[F] dated 13/07/2021) W.P.(MD)No.11398 of 2021 Dated 09.07.2021 RC (16.07.2021) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2