S. Mayil Asari v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA S.Mayil Asari ... Petitioner Vs.

1.The Revenue Divisional Officer, Aruppukottai Sub-Division, Aruppukottai, Virudhunagar District.

2.The Thasildar, Aruppukottai Taluk, Virudhuangar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to dispose the appeal dated 23.01.2024 preferred by the petitioner within the period of stipulated time may be given by this Court.

For Petitioner : Mr.B.Muneeswaran For R1 & R2 : Mr.A.Kannan Additional Government Pleader 1/4

O R D E R

This Writ Petition is filed to issue a Writ of Mandamus directing the first respondent to dispose the appeal dated 23.01.2024 preferred by the petitioner within the period of time to be stipulated by this Court.

2. The petitioner along with his brothers Mariappan, Ramar and Lakshmanan, jointly purchased lands to an extent of 39 cents in Survey No. 45/11, Lakshmipuram Village, Mandabasalai Utkadai, Aruppukottai Taluk. Thereafter there was a partition between the brothers. The petitioner was issued joint patta in Joint Patta No.1721, for the lands allotted to him. In the joint patta, the extent of land mentioned was erroneously given as 5 ares, instead of 13 cents. The petitioner aggrieved by the extent given in the joint patta preferred an appeal to the first respondent on 23.04.2024, and the same was forwarded to the second respondent for further enquiry. As no action was taken on the petitioner's appeal, the petitioner filed the present writ petition for the above said relief.

3. Learned Additional Government Pleader on instructions submits that in the petitioner's appeal, the Tahsildar's report and the survey report were called 2/4

for and the same were submitted to the first respondent. The learned Additional Government Pleader therefore seeks reasonable time for passing final orders in the appeal filed by the petitioner.

4. In view of the submissions made by the learned Additional Government Pleader and in view of the fact that the reports have already been submitted by the Tahsildar and the VAO, the first respondent is directed to pass final orders on merits and in accordance with law in the appeal filed by the petitioner within a period of eight weeks from the date of receipt of a copy of this order.

5. With the aforesaid direction, the writ petition stands allowed. No costs. 04.12.2024 NCC : yes/no Index : yes/no Internet : yes/no pnn 3/4

N.MALA, J.

pnn To:

1.The Revenue Divisional Officer, Aruppukottai Sub-Division, Aruppukottai, Virudhunagar District.

2.The Thasildar, Aruppukottai Taluk, Virudhuangar District.

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