Madras High CourtWP(MD)/16035/2019disposed of

G.Muthumari v. The Revenue Divisional Officer

2019-07-19Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16035 of 2019 G.Muthumari ... Petitioner -VsThe Revenue Divisional Officer, The Revenue Divisional Office, Ramanathapuram District.

... Respondent Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondent to dispose the appeal preferred in petition No.2018/9005/27/157724/0222 & Dated 22.02.2018 within a time frame as fixed by this Court. For Petitioner : Mr.V.Muthumani For Respondent : Mr.M.Rajarajan, G.A.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondent to dispose the appeal preferred in petition No.2018/9005/27/157724/0222 dated 22.02.2018 within a time frame as fixed by this Court.

2.Heard Mr.V.Muthumani, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondent.

3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.

4.The petitioner, in respect of the alleged issuance of wrong patta by the Tahsildar concerned, preferred an appeal before the respondent, Revenue Divisional Officer in petition No. 2018/9005/27/157724/0222 and dated 22.02.2018 and the said appeal filed before the respondent is still pending. Therefore, the learned counsel appearing for the petitioner would submit that, if the said appeal is directed to be decided on merits within a time frame, the petitioner would be satisfied.

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5.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the said appeal dated 22.02.2018 filed by the petitioner would be decided by the respondent on merits within a time frame.

6.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following direction:

"The respondent is hereby directed to decide the appeal filed by the petitioner dated 22.02.2018 in petition No.2018/9005/27/157724/0222, after giving an opportunity of being heard both by the petitioner as well as the rival claimants, if any and decide the same in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

7.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) To The Revenue Divisional Officer, The Revenue Divisional Office, Ramanathapuram District.

+1 CC to M/s.R.SENTHILKUMAR, Advocate ( SR-76477[F] dated 19/07/2019 +1 CC to M/s.SPL GP ( SR-76646[F] dated 22/07/2019 ) Order made in W.P.(MD)No.16035 of 2019 Dated: 19.07.2019 Arul JMN(17.09.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/