Mr.P.Karuthan, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.1313 of 2017 P.Karuthan .. Petitioner Vs.

1. The Revenue Divisional Officer, Palani Taluk, Palani, Dindigul District.

2. The Tahsildar, Palani Taluk, Dindigul District.

3. Alagammal

4. Kannayan .. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent herein to consider the representation dated 24.10.2016 and to dispose of the appeal filed by the petitioner against the respondents 3 and 4 herein against issuing of the Patta to the fourth respondent by the second respondent herein. For Petitioner : Mr.D.Selvaraj For R-1 & R-2 : Mr.A.Muthukaruppan Additional Government Pleader ***

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the first respondent herein to consider the representation dated 24.10.2016 and to dispose of the appeal filed by the petitioner against the respondents 3 and 4 herein against issuing of the Patta to the fourth respondent by the second respondent herein. 2.Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 and 2.

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3. Mr.A.Muthukaruppan , learned Additional Government Pleader, takes notice for the respondents 1 and 2. By consent, the Writ petition itself is taken up for final disposal.

4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has filed an appeal before the first respondent. Since the appeal is not disposed of, the petitioner has also made a representation, dated 24.10.2016 to hold an enquiry on the appeal and to dispose of the appeal at an early date. Despite the representation of the petitioner, the appeal has not been disposed of and the petitioner has preferred the present Writ petition before this Court.

5.Considering the limited scope of prayer in the Writ petition, without expressing any opinion on the merits of the matter, the first respondent is directed to consider the representation of the petitioner, dated 24.10.2016 and dispose of the appeal filed by the petitioner, after conducting an enquiry by giving an opportunity to the petitioner as well as the respondents 3 and 4, within a period of three months from the date of receipt of a copy of this order.

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar pmu To

1. The Revenue Divisional Officer, Palani Taluk, Palani, Dindigul District.

2. The Tahsildar, Palani Taluk, Dindigul District.

+1CC to Mr.D.Selvaraj, Advocate Sr.No.4642 +1CC to Spl.Government Pleader Sr.No.4728 GJM/MR/9.2.17-2p-5C ORDER MADE IN W.P.(MD).No.1313 of 2017 27.01.2017 https://hcservices.ecourts.gov.in/hcservices/