Madras High CourtWP(MD)/19194/2017disposed of

Shanmugam, v. The Revenue Divsional Officer,

2017-10-13Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.19194 of 2017 Shanmugam ... Petitioner Vs.

The Revenue Divisional Officer, Revenue Division Office, Kovilpatti.

... Respondent PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to complete the Appeal in Na.Ka.Aa6/1585/2014 dated 10.03.2014 pending before the respondent within a stipulated time period. For Petitioner : Mr.KA.Raamakrishnan For Respondent : Mr.M.Alagathevan, Special Government Pleader *****

ORDER

By consent, this writ petition itself is taken up for final disposal.

2. Mr.M.Alagathevan, learned Special Government Pleader, takes notice for the respondent.

3. According to the petitioner, the property in Survey No.113/14 in Ettaypuram Village, Kovilpatti Taluk, admeasuring to an extent of 1 Acre 40 cents, belong to him, whereas, some third parties had changed the patta in their names, in respect of the subject mentioned property. Aggrieved thereby, the petitioner has preferred an appeal before the respondent to cancel the said patta, which was taken on file in Na.Ka.Aa6/1585/2014 dated 10.03.2014. Though the appeal was filed as early as in the year 2014, the same is kept pending, without any action. Therefore, the petitioner has submitted a representation dated 01.08.2017, to the District Revenue Officer, Tuticorin, for early disposal of the appeal, which also failed to meet its fate and hence, having left with no other option, the petitioner is before this Court. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Special Government Pleader, on instructions, submitted that the authorities are inclined to pass orders on the appeal of the petitioner, on merits, within a stipulated time limit.

5. Under such circumstances, this Court, without going into the merits of the petitioner's claim, directs the respondent to pass appropriate orders, on the appeal of the petitioner dated 10.03.2014, on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Revenue Divisional Officer, Revenue Division Office, Kovilpatti.

+ 1 cc TO Mr.KA.Raamakrishnan , Advocate in SR No. 82765 +1cc to The Special Government Pleader in SR.No.82925 gk AE/KK/SAR2/01.11.2017/2P/4C W.P.(MD)No.19194 of 2017 13.10.2017 https://hcservices.ecourts.gov.in/hcservices/