Muthu v. The District Revenue Officer

W.P.(MD)No.14315 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2021

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.14315 of 2021 Muthu ... Petitioner Vs.

1. The District Revenue Officer, Collectorate, Sivagangai.

2. The Revenue Divisional Officer, Devakottai, Sivagangai District.

3. Palaniyammal

4. Thirupathi

5. Palanikumar ... 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 the proceedings in Na.Ka.P11/21531/2020 dated 19.12.2020 and to pass appropriate order within the stipulated time fixed by this Court.

For Petitioner : Mr.D.Karthikraja For Respondents : Mr.P.Subbaraj for R1 and R2

O R D E R

The petitioner seeks the expeditious disposal of an appeal filed by her for cancellation of the patta issued to respondents 3 to 5.

2.The petitioner states that the disputed properties in several survey numbers of Chettikurichhi Village were originally owned by one Kandasamy Gounder, who is the petitioner's late father. 3.It is stated that the said Kandasamy Gounder died intestate on 13.11.1974. His legal heirs include the petitioner and one Nayinan. According to the petitioner, the third respondent is the former wife of Nayinan and that the said marriage was dissolved. Subsequently, the third respondent remarried and respondents 4 and 5 are her children. According to the petitioner, the third respondent unlawfully obtained a patta in the names of respondents 3 to 5. Therefore, the petitioner filed an appeal before the Revenue Divisional Officer, Devakottai. The present writ petition is filed for the expeditious disposal thereof.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14315 of 2021 4.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of respondents 1 and 2.

5.In view of the nature of orders proposed to be passed, notice to the private respondents is dispensed with. 6.Given the fact that the petitioner has presented the appeal before the Revenue Divisional Officer in the year 2020, it is just and necessary that the same be disposed of expeditiously. 7.Accordingly, without going into the merits of the matter, the second respondent herein is directed to consider the appeal filed by the petitioner in proceedings bearing Na.Ka.P11/21531/2020, dated 19.12.2020, and dispose of the same within a period of three months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and to respondents 3 to 5 herein.

8.W.P(MD).No.14315 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) To:

1. The District Revenue Officer, Collectorate, Sivagangai.

2. The Revenue Divisional Officer, Devakottai, Sivagangai District.

+1 CC to M/s.The Special Government Pleader ( SR-26393[F] dated 16/08/2021 ) W.P.(MD)No.14315 of 2021 13.08.2021 RS (24.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2