Madras High CourtWP(MD)/17457/2021disposed of

N.Raju v. The District Collector

2021-09-28Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY N.Raju ... Petitioner Vs.

1.The District Collector, District Collector's Office, Trichy-1, Trichy.

2.The Revenue Divisional officer, R.D.O. Office, District Collector's Office, Trichy-1, Trichy.

3.The Tahsildar, Taluk Office, Thiruverumbur, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent herein to conclude petitioner's appeal in Oh.Mu (a7)1731/2021 on his file, within a stipulated period. For Petitioner : Mr.R.Sundar For Respondents : Mr.P.Subbaraj, Counsel for State.

ORDER

The petitioner seeks expeditious disposal of the appeal filed before the Revenue Divisional Officer.

2.The petitioner states that the property bearing S.F.No.9/3 admeasuring 2 Acres and 10 Cents originally belonged to his mother, namely, Chellammal, by an assignment order issued by the Government. According to the petitioner, he is the sole legal heir of his mother. Therefore, upon her death on 03.07.2013, the petitioner approached the third respondent seeking issuance of patta. Such application was rejected by order dated 09.12.2020. The order dated 09.12.2020 was assailed by filing an appeal before the second respondent bearing Oh.Mu(a7)1731/2021. Although inquiry notices 1/3

were issued in such appeal, it is stated that the appellate proceedings have not been concluded till date. 3.Mr.P.Subbaraj, learned Counsel for the State, accepts notice on behalf of all the respondents. He submits that the pending appeal may be directed to be considered and disposed of on merits and in accordance with law.

4.Given the limited scope of the present Writ Petition, it is not necessary to render findings on the merits thereof. Instead, it would be sufficient to direct the second respondent to dispose of the appeal expeditiously.

5.Accordingly, the second respondent is directed to consider and dispose of the appeal bearing Oh.Mu(a7)1731/2021 after providing a reasonable opportunity to the petitioner and to any other affected parties. Such reasoned order shall be issued within a period of three months from the date of receipt of a copy of this order. 6.W.P.(MD)No.17457 of 2021 is disposed of without any order as to costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The District Collector, District Collector's Office, Trichy-1, Trichy.

2.The Revenue Divisional officer, R.D.O. Office, District Collector's Office, Trichy-1, Trichy.

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3.The Tahsildar, Taluk Office, Thiruverumbur, Trichy District.

+1 CC to M/s.SPL.GP ( SR-30591[F] dated 29/09/2021 ) 28.09.2021 MGJ(06.10.2021) 3P 5C 3/3