K.Muruthaiah v. The District Revenue Officer
W.P(MD)No.14201 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.14201 of 2020 K.Muruthaiah ... Petitioner Vs.
1.The District Revenue Officer, Tenkasi, Tirunelveli District.
(presently Tenkasi District)
2. The RDO, Office of the RDO, Tenkasi District.
3.The Tahsildhar, Office of the Tahsildar, Kadayanallur, Tenkasi District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to dispose of an appeal filed by the petitioner dated 04.10.2019 within a stipulated time that may be fixed by this Court.
For Petitioner : Mr.Niranjan S.Kumar For respondents : Mr.M.Pandia Rajan Additional Government Pleader
ORDER
This writ petition has been filed for issuance of a direction to the second respondent to dispose of an appeal filed by the petitioner dated 04.10.2019 within a stipulated time that may be fixed by this Court.
2. Mr.M.Pandia Rajan, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself.
3. Being aggrieved by the order dated 01.11.2018 passed by the third respondent, the petitioner has filed an appeal before the second respondent dated 04.10.2019, with regard to the issuance of patta in respect of the land in Survey No.161/1 to an extent of 4 Acres and 1 Cent at Kambaneri, Pudhukudi Village. But, the said appeal was not considered so far. In such circumstances, the https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.14201 of 2020 petitioner has come forward with the present Writ Petition.
4. Considering the facts and circumstances, the second respondent is directed to dispose of the appeal dated 14.10.2019, within a period of four months from the date of receipt of a copy of this order, after hearing the petitioner and the necessary parties. In case of issuance of patta, survey needs to be conducted and the said survey shall be photographed and videographed in the presence of the petitioner and necessary parties and the costs of photograph and Videograph to be borne by the party seeking patta. It is made clear that this Court has not decided the rights of the parties in the present Writ Petition. It is open to the respondents to decide the same in accordance with law. The guidelines issued by this Court in W.P.(MD)No.13465 of 2020 dated 05.10.2020 as modified today should be followed wherever it is applicable.
5. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL To 1.The District Revenue Officer, Tenkasi, Tirunelveli District.
(presently Tenkasi District)
2. The RDO, Office of the RDO, Tenkasi District.
3.The Thasildhar, Office of the Tahsildar, Kadayanallur,Tenkasi District.
+1 CC to M/s.GP ( SR-20162[F] dated 15/10/2020 ) W.P(MD)No.14201 of 2020 13.10.2020 CK(CO) AP(06/11/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2