Madras High CourtWP(MD)/11500/2021disposed of

Natarajan.T v. The Revenue Divisional Officer

2023-10-18Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH L.Natarajan ... Petitioner Vs.

1.The Revenue Divisional Officer, Thiruvadanai Taluk, Ramanathapuram.

2.Saravanan

...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 appeal dated 17.11.2020 on merits in accordance with law within the stipulated period as fixed by this Court. For Petitioner : Mr.R.Sevugaraja For Respondents : Mr.R.Ragavendran, Government Advocate (For R-1) : Mr.Mohamed Razvi (For R-2) 1/4

O R D E R

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, wherein, the petitioner has sought for the cancellation of the patta that has been issued in favour of the second respondent.

2. The case of the petitioner is that the subject property in Survey No.110/12 belonged to the father of the petitioner and the patta also stood in his name in Patta No.806. This patta was transferred in the name of the second respondent who had absolutely no right or title over the property. In view of the same, the petitioner filed an appeal before the first respondent dated 17.11.2020. Since the same was not considered, the present writ petition has been filed before this Court.

3. Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the first respondent and the learned counsel appearing for the second respondent. 2/4

4. Taking into consideration the facts and circumstance of the case and considering the limited relief sought for in this petition, there shall be a direction to the first respondent to deal with the appeal filed by the petitioner on 17.11.2020 on its own merits and in accordance with law after enquiring the petitioner and the second respondent and final orders shall be passed within a period of eight (8) weeks from the date of receipt of a copy of this order. 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.

5. This Writ Petition is disposed of with the above directions. No costs.

18.10.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To The Revenue Divisional Officer, Thiruvadanai Taluk, Ramanathapuram.

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N.ANAND VENKATESH, J tsg 18.10.2023 4/4