M.Mohamed Siddiq v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.12523 of 2017 and W.M.P.(MD)No.9654 of 2017 M.Mohamed Siddiq ... Petitioner Vs.

1.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

2.The Thasildhar, Thiruvadani Taluk, Ramanathapuram.

3.Kamalutheen 4.Kaja Muhaideen ... Respondents PRAYER:Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to dispose of the appeal No.A5/1421/2017 on his file within a stipulated time that may be fixed by this Court. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.C.Selvaraj Special Government Pleader (for R1 and R2)

O R D E R

This writ petition is filed seeking for the issuance of a Writ of Mandamus directing the first respondent to dispose of the appeal No.A5/1421/2017 on his file within a stipulated time. 2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents 1 and 2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the second respondent without following the procedure contemplated under the Patt Pass Book Act effected transfer of patta in the name of respondents 3 and 4. Aggrieved over the order, the petitioner has preferred an appeal before the first respondent on 05.01.2017. Since there was no progress in the said appeal for the past six months, the present writ petition is filed.

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4. Heard Mr.S.C.Herold Singh, learned counsel appearing for the petitioner and Mr.C.Selvaraj, learned Special Government Pleader appearing for the respondents 1 and 2. 5.Considering the limited scope of the prayer sought for in this writ petition, this Court, without going into the merits of the claim made by the petitioner in this Writ Petition, directs the first respondent to dispose of the appeal filed by the petitioner dated 05.01.2017 on merits and in accordance with law, after providing opportunity of hearing to the petitioner as well as interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) / True Copy \ Sub Assistant Registrar To:

1.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

2.The Thasildhar, Thiruvadani Taluk, Ramanathapuram.

+1 CC TO M/S.S.C.HEROLD SINGH, ADVOCATE, SR NO.63655 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.63954 skn/vsg MAS/KP/SAR1:20.07.2017:2P-5C W.P.(MD)No.12523 of 2017 and W.M.P.(MD)No.9654 of 2017 06.07.2017 https://hcservices.ecourts.gov.in/hcservices/