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Madras High CourtWP(MD)/15335/2020disposed of

L. Prabakar v. The Revenue Divisional Officer

2020-11-05Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN L.Prabakar ... Petitioner -vs1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Venkatachalapuram, Sattur, 2.The Tahsildar, Rajapalayam Taluk, Rajapalayam, ... 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 expedite the appeal preferred by the petitioner dated 05.06.2020 in Appeal No.1801/2020 against the order of the second respondent made in Na.Ka.T.No.169/2020 dated 10.01.2020 and conclude the same within the stipulated time frame that may be fixed by this Court.

For Petitioner : Mr.A.Balaji 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 expedite the appeal preferred by the petitioner dated 05.06.2020 in Appeal No.1801/2020 against the order of the second respondent made in Na.Ka.T.No.169/2020 dated 10.01.2020 and conclude the same within the stipulated 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 a land measuring to an extent of 31.6649 cents in Survey No.421/5 and 421/4 situated at Muthusamipuram Village, 1/3

Rajapalayam Taluk, Virudhunagar District belongs to the petitioner which was obtained vide Sale Deed No.1181 of 2003, dated 28.07.2003 and Exchange Deed No.2737 of 2010, dated 23.08.2010. The petitioner has made an application to the second respondent seeking to issue patta for the said land. But, the second respondent had rejected the said application. As against the rejection order, the petitioner filed a Writ Petition in W.P.(MD)No.26276 of 2019 wherein this Court by order dated 11.12.2019 called for records. Immediately the second respondent passed a detailed order vide proceedings in Na.Ka.T.No.169/2020, dated 10.01.2020 stating that the petitioner is entitled to get patta only for an extent of 28.5 Cents against his claim for 31.6649 Cents. Aggrieved against the said order, the petitioner filed an appeal before the first respondent and the same was taken on file in Appeal No.1801/2020, dated 05.06.2020. Thereafter, no order has been passed in the appeal so far. Therefore, the petitioner has come forward with this Writ Petition.

4.Considering the facts and circumstances of the case, the first respondent is directed to consider the appeal dated 05.06.2020 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-II) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Venkatachalapuram, Sattur, 2/3

2.The Tahsildar, Rajapalayam Taluk, Rajapalayam, W.P(MD)No.15335 of 2020 05.11.2020 SE(CO) NR (27/11/2020) 3P : 3C 3/3