K.R.Jothiram v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2020

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE K.R.Jothiraman .. Petitioner Vs.

1.The Revenue Divisional Officer, Madurai North, Collector Office Compound, Madurai - 20.

2.The Tahsildar, Madurai North, Collector Office Compound, Madurai -20.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's appeal petition in A.P.No.2922/2019, dated 29.04.2019, pending before the 1st respondent to issue patta to the property, which is situated in Ward No.XVI, Block No.9, T.S.No.10, Re Survey No.74/Part 0.391.0 sq. meter was order in 61/HS-156, Madurai North Taluk, Tallakulam Village, Madurai. For Petitioner : Mr.T.R.Subramanian For Respondents : Mr.M.Pandiarajan Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the 1st respondent to dispose of the petitioner's appeal petition in A.P.No.2922/2019, dated 29.04.2019, pending before the 1st respondent to issue patta to the property, which is situated in Ward No.XVI, Block No.9, T.S.No.10, Re Survey No.74/Part 0.391.0 sq. meter was order in 61/HS-156, Madurai North Taluk, Tallakulam Village, Madurai.

2.Heard Mr.T.R.Subramanian, learned counsel for the petitioner.

Mr.M.Pandiyarajan, learned Additional Government Pleader, accepts notice on behalf of the respondents. 3.By consent of both parties, this writ petition is taken up 1/3

for final hearing at the admission stage itself. 4.It is the case of the petitioner that he had applied for patta for the aforementioned property before the second respondent, which was rejected on 01.03.2019. According to the petitioner, aggrieved by the some, he preferred a statutory appeal before the first respondent on 29.04.2019 in A.P.No.2922/2019, which has not been disposed of till date. The petitioner claims that he is the absolute owner of the aforementioned property and therefore, he is entitled for patta.

5.Admittedly, the statutory appeal filed by the petitioner on 29.04.2019, is pending on the file of the first respondent and was numbered as A.P.No.2922/2019. The appeal has been filed on 29.04.2019, but till date, it has not been disposed of. The petitioner has sought for issuance of patta in his name for the aforementioned property. Since the appeal is pending for more than one year before the first respondent, it has to be disposed of expeditiously.

6.For the foregoing reasons, this Court directs the first respondent to dispose of the petitioner's appeal petition in A.P.No.2922/2019, dated 29.04.2019, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The Revenue Divisional Officer, Madurai North, Collector Office Compound, Madurai - 20.

2.The Tahsildar, Madurai North, Collector Office Compound, Madurai -20.

+1 CC to M/s.GP ( SR-20800[F] dated 02/11/2020 ) +1 CC to M/s.T.R.SUBRAMANIAN, Advocate ( SR-20828[F] dated 02/11/2020 ) 29.10.2020 kg(CO) KK(09.11.2020) 3P 5C 3/3