P.Palaniyandi v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2024

CORAM:

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

1.The District Revenue Officer, Pudukottai District, Pudukottai.

2.Meenatchi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to the 1st respondent to call for the records in regarding the changing of the patta from the appropriate authority and to speedy dispose the appeal number NA.KA.D3/1470665/2023 within a time frame fixed by this Court. For Petitioner : Mr.G.Thaveethu For R1 : Mr.P.Thambidurai Government Advocate

ORDER

The petitioner has filed this writ petition for a mandamus to the 1st respondent to expeditiously dispose of his appeal.

2. It is the case of the petitioner that his father Palaniyandi possessed ancestral properties in Survey No.159/10 measuring an extent of 5.50 ares in Theethanipattai revenue village in Karabakudi Taluk, Pudukottai District. The patta stands in the name of his father and on the death of his father, he being the sole heir, had inherited the said property.

3. He had now come to learn that during the UDR scheme, the patta in respect of the aforesaid property has been wrongly issued in the name of the 2nd respondent's husband Chelliah. Taking advantage of this mistake, he had executed a settlement deed in favour of the 2nd respondent and the 2nd respondent has got the patta mutated in her name. Since the order has been passed by the Tahsildar, Karambakudi without proper enquiry and notice to the previous patta holder, the petitioner had

filed an appeal before the 1st respondent and it has been allocated as D3 1470665/2023. On 20.02.2024, he had been served with an enquiry notice and thereafter, there has been no progress. Therefore, he has filed this writ petition.

4. Considering the narration of the facts and taking note of the fact that the appeal has been filed in the year 2023 and enquiry notice has been received on 20.02.2024, a mandamus is issued to the 1st respondent to dispose of the appeal within a period of eight (8) weeks from the date of receipt of copy of this order.

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

12.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg To The District Revenue Officer, Pudukottai District, Pudukottai.

12.09.2024