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Madras High CourtWP(MD)/23520/2022disposed of

Ranaveeranapandian v. The Revenue Divisional Officer

2022-10-13Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.23520 of 2022 and W.M.P(MD) No.17598 of 2022 Ranaveeranapandian ... Petitioner vs.

1. The Revenue Divisional Officer, Paramakudi Revenue Division, Paramakudi,

2. The Tahsildar, Kadaladi Taluk, Kadaladi,

3. The Inspector of Police, Sayalkudi Police Station, Sayalkudi,

4. M.Annamalai

5. M.Manoharan

6. M.Shanthi ... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to dispose of the petitioner's appeal dated 25.08.2021 pending on the file of first respondent within a time frame as fixed by this Court. For Petitioner : Mr.S.Murugadas For R1 & R2 : Mr.D.Gandhiraj Special Government Pleader For R3 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to dispose of the petitioner's appeal, dated 25.08.2021.

2. The case of the petitioner is that the second respondent Tahsildar has issued assignment Patta in favour of the respondents 4 to 6 under the category of landless and homeless poor in Old S.No.257/4, New S.No. 433/34, 39 and 40 of Vagaikulam Group, Pilliyarkulam Village, Kadaladi Taluk, Ramanathapuram District. The said assignment patta holders are 2/6

not the landless and homeless poor and their family is having land more than 25 standard acres. Originally, the petitioner is in possession and enjoyment of the above said land in Old S.No.257/4, New S.No.433/34, 39 and 40 of Vagaikulam Group, Pilliyarkulam Village, Kadaladi Taluk, Ramanathapuram District and it is the duty of the revenue authorities to issue assignment patta as per RSO - 15(2) to the petitioner only. Hence, the petitioner has made a representation to the second respondent on 04.07.2017, 08.08.2019 and 04.10.2019 and also sent a representation to the District Collector on 25.08.2021. But he was advised to prefer an appeal before the first respondent for cancellation of patta. Accordingly, the petitioner has preferred an appeal before the first respondent on 25.08.2021 and prayed for issuance of Patta to him under RSO 15(2) (7) and the same is still pending. Therefore, the petitioner has filed the present writ petition, seeking direction to the first respondent to dispose of the appeal dated 25.08.2021.

3. Heard Mr.S.Murugadas, learned counsel for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader appearing for the 3/6

respondents.

4. Considering the above facts, this Court directs the first respondent to dispose of the appeal filed by the petitioner, dated 25.08.2021, on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of sixteen weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 13.10.2022 Index:Yes/No Internet:Yes/No akv To

1. The Revenue Divisional Officer, Paramakudi Revenue Division, Paramakudi, 4/6

2. The Tahsildar, Kadaladi Taluk, Kadaladi,

3. The Inspector of Police, Sayalkudi Police Station, Sayalkudi, 5/6

V.BHAVANI SUBBAROYAN,J.

akv W.P.(MD)No.23520 of 2022 13.10.2022 6/6