Pushpam R v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Pushpam ... Petitioner -vs1.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Ramanathapuram Division, Ramanathapuram District.

2.The Tahsildar, O/o. the Taluk Office, Thiruvadanai Taluk, Ramanathapuram District.

3.B.Jothimani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to pass final order for cancellation of individual Patta in the name of the third respondent in Patta No.1439 and issue the joint Patta in the name of the petitioner and other co-sharers regarding Survey Nos.255/8B, 260/3A, 278/2A, 282/3, 299/4, 248/7A, 252/2A, 252/3A, 252/4C and 282/9, situated in Thinayathur Village, Sekkanthidal Revenue Village, based upon the petitioner's appeals / representations / applications, dated 20.09.2018, 11.03.2019 and 13.11.2019 and the petitioner's explanation dated 22.11.2019, within the stipulated time. 1/4

For Petitioner :

Mr.S.Balakarthick For R1 and R2 :

Ms.S.Jeyapriya Government Advocate For R3 :

Mr.R.Sevuga Raja

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first respondent to dispose of the appeals filed by the petitioner, wherein the petitioner has sought for the cancellation of the Patta issued in the name of the third respondent and for issuance of joint Patta in his name and other co-sharers with respect to the subject property.

2. When the matter was taken up for hearing, the learned Government Advocate appearing on behalf of the respondents 1 and 2 submitted that first respondent is already enquiring the matter and that the petitioner is not appearing for the enquiry and as a last chance, the petitioner has been directed to appear on 27.11.2023 at 11.00 a.m. The notice that was sent to the petitioner in this regard on 20.11.2023 was also placed before this Court. 2/4

3. In view of the above, there shall be a direction to the first respondent to deal with the appeals filed by the petitioner on its own merits and in accordance with law and pass final orders, within a period of eight weeks from the date of receipt of a copy of this order.

4. This Writ Petition is disposed of with the above direction. No costs. NCC : Yes/No 22.11.2023 Index : Yes/No smn2 To 1.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Ramanathapuram Division, Ramanathapuram District.

2.The Tahsildar, O/o. the Taluk Office, Thiruvadanai Taluk, Ramanathapuram District.

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N.ANAND VENKATESH, J.

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