Madras High CourtWP(MD)/21632/2022disposed of

Pappathi v. The Revenue Divisional Officer

2022-11-24Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.21632 of 2022 Pappathi, W/o.Thirumazhaisamy .. Petitioner

Versus

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

2.The Tahsildar, Oddanchathiram Taluk, Dindigul District.

3.Palanivel, S/o.Palaniappa Gounder .. Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to dispose the petitioner's appeal in Na.Ka.No.156/2021/A1, dated 06.01.2022, filed under Section 12 of the Tamil Nadu Patta Passbook Act, by conducting proper enquiry within a time frame.

For Petitioner :

Mr.D.Venkatesh For Respondents 1 and 2:

Mr.D.Sadiq Raja Additional Government Pleader For 3rd Respondent :

No Appearance 1/4

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the first respondent to dispose her appeal in Na.Ka.No.156/2021/A1, dated 06.01.2022, filed under Section 12 of the Tamil Nadu Patta Passbook Act, by conducting proper enquiry, within a time frame.

2. According to the learned counsel for the petitioner, the petitioner preferred an appeal on 26.08.2021 before the first respondent, seeking to cancel the Patta, bearing No.1495, stands in the name of the third respondent, in respect of an extent of 59 cents in S.No.540/2. The second respondent sent an enquiry notice to the petitioner on 07.03.2022, directing her to appear before him on 18.03.2022. The petitioner has also appeared before the second respondent for enquiry on the said date and produced all the relevant documents. Thereafter, no steps were taken by the respondents 1 and 2 to dispose of the said appeal. Hence, the petitioner has filed the present Writ Petition for the relief stated supra.

3. The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the petitioner's appeal in Na.Ka.No. 156/2021/A1, dated 06.01.2022, would be disposed of in accordance with law by the first respondent, within a time frame to be fixed by this Court. 2/4

4. Recording the aforesaid submission made by the learned Additional Government Pleader appearing for the respondents 1 and 2, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to dispose of the petitioner's appeal in Na.Ka.No.156/2021/A1, dated 06.01.2022, and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the necessary parties concerned, within a period of 16 weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

Index : Yes/No 24.11.2022 smn2 To 1.The Revenue Divisional Officer, Palani, Dindigul District.

2.The Tahsildar, Oddanchathiram Taluk, Dindigul District.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in 24.11.2022 4/4