Madras High CourtWP(MD)/12022/2021disposed of

Thowlathnooriya.A v. The Revenue Divisional Officer

2021-07-16Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.12022 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.12022 of 2021 A.Thowlath Nooriya

...Petitioner

Vs.

1.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Ramanathapuram.

2.The Tahsildar, O/o. Tahsildar, Ramanathapuram. ... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent for a speedy disposal of Appeal filed by the petitioner in Application No.2019/9005/27/364392/1020, dated 20.10.2019 on the file of 1st respondent and to fix the time frame stipulated by this Court. For Petitioner : Mr.S.Vidhya Sagar For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of Mandamus, directing the first respondent to dispose of the appeal pending in application No.2019/9005/27/364392/1020, dated 20.10.2019, within the time frame fixed by this Court. 2.Heard Mr.S.Vidhya Sagar, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents.

3.The grievance of the petitioner is that the name of one Mohammed Sultan has been entered in the revenue records pertaining to the subject property and according to the petitioner, this person has no right or title over the property. Aggrieved by the same, the petitioner filed an appeal before the first respondent and the same was taken up on file in Application No. 2019/9005/27/364392/1020, dated 20.10.2019. The grievance of the petitioner is that the appeal has not been taken up till now and left with no other option, the present writ petition has been filed seeking for appropriate directions.

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W.P.(MD).No.12022 of 2021 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 first respondent to proceed further to hear the appeal in application No. 2019/9005/27/364392/1020, dated 20.10.2019, after affording opportunity to the petitioner and the above said Mohammed Sultan and deal with the same on its own merits and in accordance with law and pass final orders, within a period of six 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 also a copy of this order.

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

Sd/- Assistant Registrar (AE) // 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 1.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Ramanathapuram.

2.The Tahsildar, O/o. Tahsildar, Ramanathapuram.

+1 CC to M/s.S.VIDHYASAGAR, Advocate (SR-23007[F] dated 16/07/2021 ) +1 CC to M/s.SPL GP ( SR-23200[F] dated 19/07/2021 ) W.P.(MD).No.12022 of 2021 16.07.2021 RK (27.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2