Madras High CourtWP(MD)/15909/2020disposed of

G.Paramasivam v. The Revenue Divisional Officer

2020-11-10Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD)No.15909 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P.(MD)No.15909 of 2020 G.Paramasivam ... Petitioner -vs1.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.

2.Gopal Velar ... 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 appeal in Na.Ka.No.A4.600/2017 within a stipulated time.

For Petitioner : Mr.N.Balakrishnan For Respondent 1 : Mr.P.Kannithevan Additional Government Pleader *****

ORDER

This writ petition is filed seeking issuance of a Writ of Mandamus directing the first respondent to dispose the petitioner's appeal in Na.Ka.No.A4.600/2017 within a stipulated time. 2.Heard the learned Counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader, who took notice for the first respondent. Since this Court is not going to pass any adverse orders against the second respondent, notice to the second respondent is dispensed with.

3.It is represented by the learned counsel appearing for the petitioner that the property measuring to an extent of 0.06.6 ares in Survey No.721/2 situated at Melapanaiyoor, Thirumayam Taluk, Pudukkottai District belonged to the petitioner's father by name Gopal Velar. After the demise of the petitioner's father, the petitioner and his brother are in possession and enjoyment of the said property. While so, the second respondent had manipulated the revenue record as if the petitioner and his brother conceded for change of patta in his favour and based on that, the Tahsildar, Thirumayam had mutated the patta in favour of the second respondent. Challenging the same, the petitioner had filed an appeal before the first respondent vide Na.Ka.No.A4.600/2017 and also filed an https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15909 of 2020 objection on 07.06.2018. Since no response from the first respondent, the petitioner has come forward with the present Writ Petition.

4.Considering the facts and circumstances of the case, the respondent is directed to consider the appeal preferred by the petitioner vide Na.Ka.No.A4.600/2017 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, within a period of 120 days from the date of receipt of a copy of this order, after affording an opportunity of hearing to the concerned parties including the second respondent. 5.With the above direction, the writ petition, is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.

+1 CC to Mr.N. BALAKRISHNAN, Advocate (SR-21806[F] dated 11/11/2020 ) +1 CC to SPL GP ( SR-22072[F] dated 18/11/2020 ) W.P(MD)No.15909 of 2020 10.11.2020 VB (10.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2