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Madras High CourtWP(MD)/26848/2022disposed of

Bobby.S v. The District Revenue Officer

2022-11-29Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.26848 of 2022 S.Bobby .. Petitioner

Versus

1.The Revenue Divisional Officer, Thanjavur District, Thanjavur.

2.The Tahsildar, Thiruvaiyar, Thanjavur District.

3.M.Sivakumar .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to dispose the petitioner's statutory appeal petitions, pending on his file in Tha.Pa. 294/2022/A5, Tha.Pa.295/2022/A5 and Tha.Pa.296/2022/A5, dated 24.03.2022 respectively, within a time frame as fixed by this Court. For Petitioner :

Mr.S.Sankarapandian For Respondents 1 and 2:

Mrs.K.Christy Theboral Additional Government Pleader 1/5

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the first respondent to dispose her statutory appeal petitions, pending on his file in Tha.Pa.294/2022/A5, Tha.Pa.295/2022/A5 and Tha.Pa.296/2022/A5, dated 24.03.2022, within a time frame.

2. Heard Mr.S.Sankarapandian, learned counsel appearing for the petitioner and Mrs.K.Christy Theboral, learned Additional Government Pleader, who takes notice for the respondents 1 and 2. By consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Having regard to the nature of the order proposed to be passed in this Writ Petition, notice to the third respondent is dispensed with.

4. According to the learned counsel for the petitioner, the petitioner is the owner of the lands in question and the third respondent created fraudulent documents and obtained Patta in the respect of the petitioner's lands and therefore, the petitioner preferred appeals before the first respondent and the same are pending.

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5. The learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that the petitioner's appeals would be disposed of on merits and in accordance with law, within a time frame.

6. Recording the above said submission, this Court, without going into the merits of the matter, directs the first respondent to consider the petitioner's appeals in Tha.Pa.294/2022/A5, Tha.Pa.295/2022/A5 and Tha.Pa. 296/2022/A5, dated 24.03.2022, and dispose of the same on merits and in accordance with law, after affording an opportunity of hearing to all the necessary parties concerned, within a period of 20 weeks from the date of receipt of a copy of this order.

7. This Writ Petition stands disposed of with the above direction. No costs.

Index : Yes/No 29.11.2022 To 1.The Revenue Divisional Officer, Thanjavur District, Thanjavur.

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2.The Tahsildar, Thiruvaiyar, Thanjavur District.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in W.P.(MD) No.26848 of 2022 29.11.2022 5/5