Arivalagan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.12713 of 2023 Arivalagan ... Petitioner v.

The Revenue Divisional Officer, Aranthangi, Pudukottai District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent to dispose of the appeal dated 25.07.2019 preferred by the petitioner within a stipulated time limit.

For Petitioner : Mr.H.Mohammed Imran For Respondent : Mrs.D.Farjana Ghoushia, Special Government Pleader ***** 1/4

ORDER

The petitioner has filed an appeal as against the order passed by the Tahsildar before the Revenue Divisional Officer, under the Patta Passbook Act. With a grievance that the appeal, which was filed in the year 2019, is still pending, he has filed this writ petition for a mandamus directing the respondent to dispose of the appeal within a reasonable time. 2.Learned Special Government Pleader, based on the written instructions received from the respondent, submitted that on the appeal preferred by the petitioner, enquiry commenced on 16.12.2021 and in the enquiry conducted on 06.03.2023, one Uma, the opposite party, appeared through a Counsel and submitted that a second appeal in SA(MD)No.475 of 2022 is pending before this Court. In view of the objections raised by the opposite party, the respondent has not proceeded further with the enquiry. 3.In response, learned Counsel for the petitioner submitted that the Objector / Uma is none other than the petitioner's wife. She has filed a suit for bare injunction as against the petitioner not to alienate the petitioner's 2/4

property in OS.No.51 of 2008 before the District Munsif Court, Aranthangi and the same is now pending at the stage of second appeal in SA(MD)No.475 of 2022 before this Court. The second appeal is yet to be admitted and in the absence of any interim order, nothing prohibits the respondent from passing any orders on the appeal preferred by this petitioner. Therefore, he prayed for appropriate orders.

4.In view of the rival submissions made, this Court dispose of this writ petition with a direction to the respondent / Revenue Divisional Officer to dispose of the petitioner's appeal within a period of twelve weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the parties concerned, including the Objector / Uma. No costs. Consequently, connected miscellaneous petition is closed. Index :

Yes / No 11.07.2023 NCC :

Yes / No Internet :

Yes gk 3/4

B.PUGALENDHI, J.

gk To The Revenue Divisional Officer, Aranthangi, Pudukottai District.

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