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Madras High CourtWP(MD)/18898/2024allowed

Narayanasamy v. The District Revenue Officer

2024-08-28Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Narayanasamy .. Petitioner Vs.

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

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Tahsildar, Dindigul West, Dindigul District.

4.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Dindigul District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to cancel the patta bearing survey number.596/4 Kothapalli village, Reddiyarchathiram, Dindigul west circle, Dindigul District in patta number.965 in favor of Thaneerpanthal and issue patta to the petitioner in

survey No.596/4 Kothapalli village, Reddiyarchathiram, Dindigul west circle, Dindigul District by dispose the appeal filed by the petitioner, dated 24.07.2024 within a time stipulated by this Court. For Petitioner :

Mr.K.P.Sankara Kumarakurubaran For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

The grievance of the petitioner is that the patta has been wrongly issued in favour of Thaneerpanthal in respect of Survey No.596/4 of Kothapalli village, Reddiyarchathiram, Dindigul west circle, Dindigul District.

2. The petitioner's contention is that this property had been purchased by his vendor under a registered sale deed on 08.02.1993 and the same has been sold to the petitioner under a registered document, dated 14.09.2000. Without taking into consideration the above, the patta has been issued in favour of Thaneerpanthal. Therefore, the petitioner had filed an appeal before the 1st respondent on 24.07.2024 which has not been disposed off. Hence, the writ petition.

3. In the earlier round of litigation in W.P(MD)No.2098 of 2023, this Court had directed the 2nd respondent to dispose of the petitioner's representation on merits within a period of twelve weeks. Thereafter, the 2nd respondent had rejected the representation of the petitioner, against which the petitioner has filed an appeal on 24.07.2024. Since the same has not been considered, the petitioner is before this Court.

4. Considering the request of the petitioner, a mandamus is issued to the 1st respondent to dispose of the appeal filed by the petitioner on 24.07.2024 within a period of six (6) weeks from the date of receipt of copy of this order.

5. With the above directions, this Writ Petition stands allowed. No costs.

28.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg/abr

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

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Tahsildar, Dindigul West, Dindigul District.

4.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Dindigul District.

P.T.ASHA, J.

gbg/abr 28.08.2024