Arokiyasamy v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Arokiyasamy .. Petitioner Vs.
1.The Revenue Divisional Officer, Sivagangai, Sivagangai District.
2.The Tahsildar, Kalayarkovil Taluk, Kalayarkovil, Sivagangai District.
3.Bharatham 4.Xaviar 5.Sangunathan 6.Packiyam 7.Savariyammal 8.Sebasitan 9.Elizabatha 10.Rajkumar Alex 11.Aroiya Emiltta
12.Kulanthai Niclose 13.Dhanabackiyam 14.Arul Arockiyam .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent herein to dispose the appeal field by the petitioner in NA.Ka.B.No. 2380/2021 in respect of survey Nos.164/6, 213/4 and 214/12B of Mongankanmai Village, Kalayarkovil Taluk, Sivagangai District as the time limit to be fixed by this Court.
For Petitioner :
Mr.V.S.Kumara Guru For R1 & R2 :
Mr.B.Saravanan Additional Government Pleader
ORDER
Aggrieved by the issue of patta in favour of respondents 3 to 5, who had fraudulently obtained the same, an appeal had been preferred by the petitioner before the first respondent in Na.Ka.B.No.2380/2021. For the last four years, no progress has been made in the said appeal. Therefore, the petitioner would seek a mandamus to the first respondent to dispose of the said appeal.
2. Heard the learned counsel on either side.
3. Taking into account the fact that for four years after the filing of the appeal, the first respondent has not proceeded with the appeal, he is issued a mandamus to dispose of the appeal within a period of one month after affording an opportunity to the petitioner and respondents 3 to 5 to submit their objections and thereafter, pass speaking orders either cancelling or refusing to cancel the patta.
4. With the above direction, this Writ Petition is allowed. No costs.
22.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr
P.T.ASHA, J.
abr To 1.The Revenue Divisional Officer, Sivagangai, Sivagangai District.
2.The Tahsildar, Kalayarkovil Taluk, Kalayarkovil, Sivagangai District.
Dated: 22.10.2024