Thirupathi v. The Revenue Divisional Office

W.P.(MD)No.15410 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P.(MD)No.15410 of 2020 Thirupathi ... Petitioner -vs1.The Revenue Divisional Officer, Illuppur Division, Illupur, Pudukottai District.

2.The Tahsildar, Viralimalai Taluk Office, Viralimalai, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to dispose petitioner's Patta Appeal dated 10.09.2020 within the time frame fixed by this Court. For Petitioner : Mr.M.Silambarasan For Respondents : Mr.K.P.Krishnadoss Special Government Pleader

ORDER

This writ petition is filed, seeking issuance of Writ of Mandamus directing the first respondent to dispose the petitioner's Patta Appeal dated 10.09.2020 within the fixed time. 2.Heard the learned Counsel appearing for the petitioner and Mr.K.P.Krishnadoss, learned Special Government Pleader, who took notice for the respondents. By consent of both parties, the Writ Petition is disposed of at the admission stage itself. 3.It is represented by the learned counsel appearing for the petitioner that the property comprised in S.F.No.166/2A measuring to an extent of 0.11.5 Hectare situated at Kodumbalur Village, Viralimalai Taluk, Pudukkottai District originally belongs to the petitioner's father by name Rasu, son of Muthan who has also patta for the said property vide Patta No.1548. On 28.08.

2018 the father of the petitioner executed a registered settlement deed in respect of the above property in favour of the petitioner vide Doc.No.1686 of 2018. Thereafter, the petitioner has been in possession and enjoyment of the said land. The petitioner has https://hcservices.ecourts.gov.

W.P.(MD)No.15410 of 2020 made an application before the second respondent seeking issuance of patta along with necessary documents through online application bearing No.2020/0103/22/13606, dated 31.07.2020. However, the said application was rejected on 28.08.2020 without assigning any valid reason. As against the same, the petitioner preferred an appeal before the first respondent on 10.09.2020. Since no order has been passed by the first respondent, the petitioner has come forward with this present Writ Petition.

4.Considering the facts and circumstances of the case, the first respondent is directed to consider the appeal dated 10.09.2020 preferred by the petitioner and pass orders in accordance with law and in the light of the judgment made in W.P. (MD)No.14135 of 2020, dated 12.10.2020, after affording an opportunity of hearing to the concerned parties. 5.With the above direction, the writ petition, is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To 1.The Revenue Divisional Officer, Illuppur Division, Illupur, Pudukottai District.

2.The Tahsildar, Viralimalai Taluk Office, Viralimalai, Pudukkottai District.

+1 CC to SGP ( SR-21487[F] dated 06/11/2020 ) W.P(MD)No.15410 of 2020 05.11.2020 PU(CO) KM (26.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2