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Madras High CourtWP(MD)/22535/2019disposed of

A. Sundarambal v. The Sub Collector

2019-10-25Honourable Mr Justice M. Sundar2 pages

W.P(MD)No.22535 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR W.P(MD)No.22535 of 2019 A.Sundarambal ... Petitioner /Vs./ The Sub Collector/Revenue Divisional Officer, cum Appellate Authority, O/o the Sub Collector, Palani, Dindigul District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondent to dispose and pass final orders on the statutory appeal preferred by the petitioner under Section 10 of Tamil Nadu Patta Passbook Act, 1983 (Tamil Nadu Act 4 of 1986) taken on file by the respondent in Na.Ka.No.2846/2016/A1 within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff for M/s.Ajmal Associates For Respondent : Mr.M.Pandiarajan Additional Government Pleader

ORDER

Mr.M.Mahaboob Athiff, learned counsel on record for writ petitioner and Mr.M.Pandiarajan, learned Additional Government Pleader who accepts notice on behalf of sole respondent are before this Court.

2. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.

3. Entire writ petition turns on a very narrow compass.

4. It is the case of the writ petitioner that she has preferred an appeal before the sole respondent. To be noted, it has been averred by learned for writ petitioner that the appeal preferred by the writ petitioner before the sole respondent shall be treated as an appeal preferred under Section 12 of the Tamil Nadu Patt Passbook Act, 1983 (Tamil Nadu Act 4 of 1986).

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W.P(MD)No.22535 of 2019

5. Be that as it may, the sole respondent has issued two hearing notices, one dated 03.06.2016 and another signed on 12.09.2016 bearing reference Na.Ka.No.2846/2016/m1 and Na.Ka.No.2846/2016/m1 respectively fixing hearing on 13.06.2016 and 20.09.2016 respectively.

6. It is the case of the writ petitioner that the appeal is still pending and the same has not been disposed of.

7. Learned State counsel submits that sole respondent will dispose of the appeal on its own merits and in accordance with law after giving reasonable opportunity to the writ petitioner as well as all concerned and in any event within eight (8) weeks from the date of receipt of a copy of this order. This submission is recorded.

8. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.

9. The order of disposal of appeal shall be communicated by the office of the respondent to the writ petitioner as well as all concerned under due acknowledgement within seven working days from the date of completion of aforesaid exercise.

10. Accordingly, instant Writ Petition is disposed of recording aforesaid submission of learned State counsel and giving directions as above. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) rmk To The Sub Collector/Revenue Divisional Officer, cum Appellate Authority, O/o the Sub Collector, Palani, Dindigul District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate SR-94777. +1 CC to SPL GP SR-94873.

Order made in W.P(MD)No.22535 of 2019 Dated:

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