Madras High CourtWP(MD)/20897/2024allowed

James Santhiyagu. S v. The Appellate Authority / Revenue Divisional Officer

2024-10-19Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2024

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA S.James Santhiyagu ... Petitioner /vs./ 1.The Appellate Authority/Revenue Divisional Officer, Revenue Divisional Office, Sivagangai, Sivagangai District.

2.The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent No.1 to dispose the appeal preferred by the petitioner dated 06.04.2024 and 13.08.2024 u/s. 12 of Tamil Nadu Patta Pass Book Act within the time stipulated by this Court. For Petitioner : Mr.I.Pinaygash For Respondents : Mr.B.Saravanan Additional Government Pleader 1/4

ORDER

Aggrieved by the fact that the appeal preferred as early as on 06.04.2024 and renewed on 13.08.2024 under Section 12 of the Tamil Nadu Patta Passbook Act, has not been disposed of, the petitioner has approached this Court for issuance of writ of Mandamus, directing the first respondent to dispose of the appeal preferred by the petitioner dated 06.04.2024 and 13.08.2024.

2. It appears that the petitioner had made a representation on 06.04.2024 and 12.04.2024 to conduct an enquiry and to cancel the patta for restoring the Government poramboke land in S.Nos.97/2, 97/3 and 97/4 at Utharapuli Village, P.Udayarenthal Revenue Group, Kalaiyarkovil Taluk, Sivagangai District and the first respondent had not conducted an enquiry to date. That apart, the first respondent has not even taken note of the earlier patta cancellation order passed by the Revenue Divisional Officer. The petitioner has filed an appeal under Section 12 of the Tamil Nadu Patta Passbook Act before the first respondent on 13.08.2024 and no enquiry has been conducted on the appeal. 2/4

3. Hence, a Mandamus is issued to the first respondent to dispose of the appeal preferred by the petitioner dated 06.04.2024 and 13.08.2024 within a period of 4 weeks from the date of receipt of a copy of this order.

4. With the aforesaid direction, the Writ Petition stands disposed of. No costs.

Speaking : Yes / No 19.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No To 1.The Appellate Authority/Revenue Divisional Officer, Revenue Divisional Office, Sivagangai, Sivagangai District.

2.The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.

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P.T.ASHA, J.

mm 19.10.2024 4/4