Madras High CourtWP(MD)/22070/2021disposed of

Dhanusha v. The Special Tahsildar (Nilavari Thittam)

2023-11-21Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Dhanusha ... Petitioner -vs1.The Special Tahsildar (Nilavari Thittam), Pattukottai, Tanjore District.

2.R.Balu 3.V.Shanmugam 4.R.Nadimuthu 5.P.Rajendran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent herein to dispose of the Proceedings in Na.Ka.No.215/2017/A1, pending on his file at the earliest, within the time frame as may be fixed by this Court. For Petitioner :

Mr.R.Sundar Srinivasan For R1 :

Mr.A.K.Manikkam Special Government Pleader 1/4

For R2 to R5 :

No Appearance

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first respondent to dispose of the proceedings, pending in Na.Ka.No.215/2017/A1, within the time frame fixed by this Court.

2. The petitioner's father became entitled to the subject property and he was in possession and enjoyment of the same. That apart, a suit was also filed in O.S.No.16 of 2014 and a judgment and decree was passed on 22.04.2019. The petitioner also places reliance upon this decree. The father of the petitioner had applied for Patta and he died in the year 2018. The petitioner got herself substituted and the proceedings are pending till date. It is under these circumstances, the present Writ Petition was filed before this Court.

3. When the Writ Petition was taken up for hearing today, the learned Special Government Pleader appearing on behalf of the first respondent produced the written instructions received from the first respondent. On going through the same, it is seen that as against the judgment and decree 2/4

passed in O.S.No.16 of 2014, an appeal has been filed before this Court and the same is pending in A.S.(MD)No.145 of 2020.

4. In view of the above, the petitioner has to necessarily await for the final judgment in the appeal and thereafter, revive the claim before the revenue authorities subject to the result in the appeal.

5. This Writ Petition is disposed of in the above terms. No costs. NCC : Yes/No 21.11.2023 Index : Yes/No smn2 To The Special Tahsildar (Nilavari Thittam), Pattukottai, Tanjore District.

3/4

N.ANAND VENKATESH, J.

smn2 21.11.2023 4/4