Madras High CourtWP(MD)/14840/2020disposed of

Sankar v. The Revenue Divisional Officer

2020-12-10Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.14840 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.14840 o f 2020 (Through Video Conferencing) Sankar ... Petitioner Vs.

1.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

2.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.

3.Padma 4.Pothiammal 5.Kokila ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to pass orders on the petitioner's appeal, dated 02.07.2018 within a time frame as fixed by this Court.

For Petitioner : Mr.R.Subramanian For Respondents : Mrs.VPM.Vaishnavi, Government Advocate for RR1 & 2

O R D E R

This writ petition has been filed for a Mandamus, seeking for a direction to the first respondent to pass orders on the petitioner's appeal dated 02.07.2018, within a time frame to be fixed by this Court.

2. It is the case of the petitioner that aggrieved by the inclusion of the third respondent as one of the legal heirs of the father of the petitioner late.Subbaiah Kaliyarayar in the legal heirship certificate dated 20.07.2012, the petitioner preferred a statutory appeal before the first respondent on 02.07.2018. However, according to him, till date, the appeal has not been disposed of by the first respondent. In such circumstances, this writ petition has been filed seeking for early disposal of the statutory appeal.

3. The petitioner is aggrieved by the inclusion of the third respondent as one of the legal heirs of his father late.Subbaiah Kaliyarayar in the legal heirship certificate. The relief sought https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14840 of 2020 for in this writ petition is an innocuous relief and no prejudice would be caused to the respondents if the petitioner's statutory appeal is disposed of by the first respondent on merits and in accordance with law after hearing all the necessary parties including the respondent Nos.3 to 5 in this writ petition.

4. For the foregoing reasons, this Court directs the first respondent to dispose of the appeal filed by the petitioner on 02.07.2018 and pass final orders on merits and in accordance with law, after hearing all the necessary parties including the respondent Nos.3 to 5 in this writ petition, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the aforesaid directions, this writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) pm 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.

To:

1.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

2.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.

+1 CC to Mr.R.SUBRAMANIAN, Advocate ( SR-25037[F] dated 11/12/2020 ) Order made in W.P.(MD)No.14840 of 2020 Dated:

10.12.2020 KVN(CO) KM (18.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2