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Madras High CourtWP(MD)/13489/2017disposed of

S.Mahalakshmi, W/O.Subburaj v. The Tahsildar

2017-07-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.13489 of 2017 S.Mahalakshmi ... Petitioner Vs.

1.The Tahsildar, Taluk Office, Srivilliputhur - 626 125 Virudhunagar District.

2.The Revenue Divisional Officer, Office of the R.D.O Satchiapuram, Sivakasi, Virudhunagar District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to dispose of the Appeal P.T.No.1006 of 2011 within stipulated time.

For Petitioner :Mr.M.Ashokkumar For Respondents :Mr.C.Selvaraj Special Government Pleader

ORDER

This Writ Petition is filed seeking for the issuance of a Writ of Mandamus, directing the second respondent to dispose of the Appeal P.T.No.1006 of 2011.

2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. 3.According to the petitioner, the property measuring to an extent of 2 hectares and 13.05 Acres in various Survey Nos.317/3, 317/4, 317/5, 318/1 and 317/1 situated at Vakaikulam Village, Srivilliputtur Taluk, originally owned by one Chinnachinnamal and she settled the property in favour of her daughters on 10.10.1973. The petitioner purchased a portion of the land from her daughters, namely, Parvathi and Thilagavathi. One Selvaraj and Jeyaraj have purchased the remaining area from other legal heirs. While so, an interference was made, as if, Selvaraj and Jeyaraj are the owners https://hcservices.ecourts.gov.in/hcservices/

of the property of the petitioner also. Hence, the petitioner approached the respondents and also submitted a representation on 23.09.2010 to issue patta in her favour. But the first respondent rejected the said application.

4.Aggrieved over the order, the petitioner has preferred an appeal before the second respondent in the year 2011. Though the second respondent has issued summons for enquiry in the year 2015, the appeal is not yet disposed of. Hence, the petitioner filed the present writ petition seeking the above said relief. 5.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the second respondent to dispose of the Appeal P.T.No.1006 of 2011 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To 1.The Tahsildar, Taluk Office, Srivilliputhur - 626 125 Virudhunagar District.

2.The Revenue Divisional Officer, Office of the R.D.O Satchiapuram, Sivakasi, Virudhunagar District.

+One cc to The Special Government Pleader, SR.No.67303 +One cc to Mr.M.Ashok Kumar, Advocate, SR.No.66916 sss/skn RL/5C/2P/KK/SAR1/7/8/2017 W.P.(MD)No.13489 of 2017 21.07.2017 https://hcservices.ecourts.gov.in/hcservices/