Madras High CourtWP(MD)/22523/2017disposed of

Mahan @ Mahalakshmi v. The District Revenue Officer

2017-12-08Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.22523 of 2017 Mahan @ Mahalakshmi ... Petitioner -vs1. The District Revenue Officer, Kodaikanal, Dindigul District.

2. The Revenue Divisional Officer, Kodaikanal, Dindigul Distirct.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, directing the 1st respondent to dispose of the appeal filed by the petitioner on 20.10.2017 and initiate patta cancellation proceedings in respect of patta No.806 & 1200 in Survey NO.32/1A and 32/1B1 respectively in Poolathur Village, Kodaikanal Taluk, Dindigul District within the time stipulated by this Court. For Petitioner : M/s.P.Krishnaveni For Respondents : Mr.M.Alagathevan Spl. Govt. Pleader *****

O R D E R

This writ petition has been filed, seeking a direction to the 1st respondent to dispose of the appeal filed by the petitioner on 20.10.2017 and initiate patta cancellation proceedings in respect of patta No.806 & 1200 in Survey No.32/1A and 32/1B1 respectively in Poolathur Village, Kodaikanal Taluk, Dindigul District.

2. Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner has submitted

that the petitioner's brother had illegally entered into a sale deed with one Jeya and Rani, pursuant to which, the vendees approached the Tahsildar to change the patta in their name by suppressing the Civil Court decree and the Tahsildar, Dindigul District, without conducting any enquiry, mechanically changed the patta in the name of the said persons. Aggrieved by the same, the petitioner preferred an appeal before the 1st respondent on 20.10.2017 to initiate patta cancellation proceedings, which has been kept pending by the 1st respondent without passing any orders thereon and therefore, the petitioner is before this Court with the above prayer.

4. The learned Special Government Pleader appearing for the respondents would submit that if a reasonable time is granted to the 1st respondent, the appeal filed by the petitioner will be disposed of.

5. In view of the above submission, this Court directs the 1st respondent to dispose of the petitioner's appeal, if not already disposed of, on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order after affording an opportunity of hearing to the petitioner.

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

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:

1. The District Revenue Officer, Kodaikanal, Dindigul District.

2. The Revenue Divisional Officer, Kodaikanal, Dindigul Distirct.

+ 1 cc TO M/s.P.Krishnaveni , Advocate in SR No. 91614 ar AE/SKN RSK/SAR4/22.12.2017/2P/4C W.P(MD)No.22523 of 2017 08.12.2017 https://hcservices.ecourts.gov.in/hcservices/