Madras High Court
P.Chidambaram vs State Of Tamil Nadu on 25 April, 2017
Author: V.Parthiban
Bench: V.Parthiban
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2017 CORAM THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD)No.5179 of 2017 P.Chidambaram ..Petitioner Vs. 1.State of Tamil Nadu, Rep. By its Principal Secretary & Commissioner, Chepauk, Chennai. 2.The District Collector, Sivagangai District. 3.The Revenue Divisional Officer, Sivagangai District. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to dispose of the petitioner's appeal, dated 17.02.2017, within a time frame to be fixed by this Court. !For Petitioner : Mr.K.P.S.Palanivel Rajan For Respondents : Mr.D.Muruganandham Additional Government Pleader :ORDER
The petitioner has approached this Court seeking a direction to the third respondent to dispose of his appeal, dated 17.02.2017, within a time frame to be fixed by this Court.
2.The case of the petitioner is that his great Grandfather had purchased a land in the year 1926, by way of a registered sale deed and was holding Patta in respect of the land in S.Nos.13/1, 13/3A, 13/3B, 84/3A, 13/3C and 84/5. Thereafter, Patta had been transferred in the name of Meenakshi Achi, Palaniappa Chettiar and Ramanathan Chettiar. According to the petitioner, Patta had been wrongly issued in favour of one Muthiah Chettiar in the year 1952 by the Settlement Officer. In the said circumstances, the petitioner had approached the District Revenue Officer, Sivagangai, for making correction in the Revenue Records. An enquiry was also conducted and the said mistake was rectified by order dated 30.10.2013, by directing the Subordinates to grant Patta in favour of the petitioner and others and thereafter, it appears that, Patta No.901 has been issued.
3.While matter stood thus, the father of Muthiah Chettiar preferred a Civil Suit and also filed W.P.(MD)No.16623 of 2016, wherein this Court had granted an order of status quo and the same is still pending. In the meanwhile, the property has been sub-divided and Patta was issued in favour of third parties. As against that, the petitioner appears to have given a complaint and also an appeal was preferred before the third respondent. According to the petitioner, the said appeal has not been disposed of in spite of the fact that the Writ Petitioner approached the third respondent. In the circumstances, he has approached this Court for the relief stated supra.
4.Heard Mr.K.P.S.Palanivel Rajan, learned counsel for the petitioner and Mr.D.Muruganandham, learned Additional Government Pleader appearing for the respondents.
5.Since the direction sought for in the Writ Petition is only to dispose of the petitioner's appeal, dated 17.02.2017, this Writ Petition is disposed of and a direction is issued to the third respondent to dispose of the petitioner's appeal, dated 17.02.2017, within a period of four weeks from the date of receipt of a copy of this order.
6.With the above direction, this Writ Petition stands disposed of. No costs.
To
1.The Principal Secretary & Commissioner, State of Tamil Nadu, Chepauk, Chennai.
2.The District Collector, Sivagangai District.
3.The Revenue Divisional Officer, Sivagangai District. .