Adumai @ Peer Mohamed v. District Revenue Officer Cum Additional District Magistrate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Adumai @ Peer Mohamed ... Petitioner Vs.

1.The District Revenue Officer Cum Additional District Magistrate, Collectorate, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer Cum Sub Collector, Office of the Revenue Divisional Office, Paramakkudi, Ramanathapuram District.

3.Sahubar Satick ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the first respondent to dispose the Appeal No.Na.Ka.B5/36958/2017, dated 03.11.2017 pending on the file of the first respondent within the stipulated time prescribed by this Court.

For Petitioner : Mr.S.A.S.Alaudeen For R-1 and R-2 : Mr.P.Subbaraj Counsel for State.

ORDER

The petitioner seeks the early disposal of a Revision Petition pending before the first respondent since 2017.

2. The petitioner claims title to a property bearing Survey No.138/1A6A2, New Survey Nos.138/153A, 153B and 153C in Valinokam Village group, Kadaladi Taluk, Ramanathapuram District. Upon coming to know of an order dated 26.11.2001 by which a subdivision was effected and Patta No.19 was issued, the petitioner filed an appeal before the second respondent. In particular, the said appeal was directed against the inclusion of the name of the 1/3

third respondent in the patta. By order dated 07.07.2017, the said patta was cancelled. The order of the second respondent was challenged by the third respondent by filing a Revision Petition before the first respondent. An order of interim stay was granted in such petition on 03.11.2017. The present Writ Petition is filed for the early disposal of the Revision Petition.

3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of the first and second respondents. In view of the nature of the order proposed to be issued, notice to the third respondent is dispensed with.

4. Given the limited scope of the present Writ Petition, it is not necessary to enter any findings on the merits thereof. The documents on record disclose that the Revision Petition was filed in the year 2017. As such, it is just and necessary that such Revision Petition be disposed of expeditiously.

5. Accordingly, W.P.(MD).No.19300 of 2021 is disposed of by directing the first respondent to consider and dispose of the appeal bearing No.Na.Ka.B5/36958/2017 within a period of three

(3) months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and the third respondent herein. There will be no order as to costs. Sd/- Assistant Registrar (WRITS) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg/nsr 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 Revenue Officer Cum Additional District Magistrate, Collectorate, Ramanathapuram District, Ramanathapuram.

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2.The Revenue Divisional Officer Cum Sub Collector, Office of the Revenue Divisional Office, Paramakkudi, Ramanathapuram District.

+1 CC to M/s.SPL.GP ( SR-33693[F] dated 08/11/2021 ) 02.11.2021 MA(CO) SB(29.11.2021) 3P 4C 3/3