Karthiresan. S v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.(MD).No.12112 of 2021 S.Kathiresan ... Petitioner Vs.
1.The Revenue Divisional Officer, Iluppur, Pudukkottai District.
2.The Tahsildar, Ponnamaravathi Taluk, Pudukkottai District.
3.The Circle Revenue Inspector, Ponnamaravathi, Pudukkottai District.
4.SV.Ganesan 5.K.Balaji 6.S.Sumathi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to dispose of the petitioner's appeal dated 20.05.2021 seeking for cancellation of joint patta No.4401 and the separate patta No.5163 issued in the name of fourth, fifth and sixth respondents respectively and thereby issue a joint patta in the name of all legal heirs of deceased Parvathi Ammal.
For Petitioner : Mr.N.Marimuthu For R-1 to R-3 : Mr.R.Baskaran Counsel for State
ORDER
The petitioner seeks the expeditious disposal of an appeal filed before the Revenue Divisional Officer, Iluppur, Pudukkottai Disttict.
2.The petitioner states that a punja land ad-measuring 1/3
0.22.5 ares bearing New Survey No.391/18 at Ponnamaravathi East, Ponnmaravathi Taluk, Pudukottai District originally belonged to his mother. Upon her demise on 14.11.2006, it is alleged that the fourth and fifth respondents clandestinely obtained a joint patta in their names, without including the names of the other six legal heirs including the petitioner. The appeal before the first respondent was filed on 20.05.2021 seeking cancellation of such patta. The present writ petition is filed for the expeditious disposal thereof.
3.Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of respondents 1 to 3. He submits that the first respondent may be directed to dispose of the appeal within a reasonable time frame on merits. In view of the nature of the order proposed to be issued, notice to the private respondents is dispensed with.
4.In the aforesaid facts and circumstances, without going into the merits of the matter, the first respondent herein is directed to consider the petitioner's appeal dated 20.05.2021 and dispose of the same in accordance with law by a reasoned order within a period of three (3) months from the date of receipt of a copy of this order. Such reasoned order shall be passed after providing a reasonable opportunity to the petitioner, the private respondents herein and any other parties to such appeal. 5.Accordingly, W.P.(MD).No.15175 of 2021 is disposed of on these terms without any order as to costs. Consequently, W.M.P.(MD).No.12112 of 2021 is closed.
Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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, Iluppur, Pudukkottai District.
2.The Tahsildar, Ponnamaravathi Taluk, Pudukkottai District.
3.The Circle Revenue Inspector, Ponnamaravathi, Pudukkottai District.
+1 CC to M/s.N.MARIMUTHU, Advocate (SR-27501[F] dated 26/08/2021) +1 CC to M/s.SPL GP (SR-27537[F] dated 27/08/2021) 26.08.2021 DJ(CO) SB(03.09.2021) 3P 6C 3/3