Shanmughavadivel T v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22346 of 2022 and W.M.P(MD)No.16528 of 2022 T.Shanmughavadivel ..Petitioner Vs 1.The District Revenue Officer, Office of the District Collector, Dindigul District.

2.The Sub-Collector, Palani, Dindigul District.

3.The Revenue Divisional Officer, Palani, Dindigul 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 first respondent to dispose of the appeal, dated 15.09.2019 preferred by the Petitioner as against the order of the second respondent, dated 8.5.2019 within the period stipulated by this Court.

For Petitioner :Mr.C.Venkatesh Kumar, for M/s.Ajmal Associates For Respondents :Mr.D.Sadiq Raja 1 to 3 Additional Government Pleader

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the first respondent to dispose of the appeal, dated 15.09.2019 preferred by the Petitioner as against the order of the second respondent, dated 8.5.2019 within the period stipulated by this Court. 2.Mr.D.Sadiq Raja, learned Additional Government Pleader takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the Petitioner is that in respect of the Petitioner's property and other patta holders property, the second respondent has passed an order on 8.5.2019 in Na.K.No.936/19/A1 directing the cancellation of patta in the name of the Petitioner and had granted patta in the name of one M.Murugeswari.

Aggrieved against the same, the Petitioner and other patta holders have filed an appeal before the first respondent on 15.09.2019.Subsequent to the same, the first respondent vide his proceedings, dated 7.1.2020 sought for documents relating to the order, dated 8.5.2019 from the second respondent. Thereafter no action was taken to dispose of the appeal preferred by the Petitioner and others. Hence the Petitioner has filed the present Writ Petition for the relief stated supra.

4.The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the Petitioner's appeal will be disposed of in accordance with law by the first respondent within the time stipulated by this Court.

5.In view of the above said submission, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to to dispose of the appeal, dated 15.09.2019 preferred by the Petitioner as against the order of the second respondent, dated 8.5.2019 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of 16 weeks from the date of receipt of a copy of this order.

6.With the above direction, the writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 22.09.2022 Index : Yes/No Internet:Yes/No vsn

To 1.The District Revenue Officer, Office of the District Collector, Dindigul District.

2.The Sub-Collector, Palani, Dindigul District.

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

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.22346 of 2022 22.09.2022