Disposed

Sree Lalitha v. the Assistant Settlement Officer (North)

Madras HC1 Nov 2021WP/23519/2021

Case brief

AI extract

What is this about?

In a writ petition filed under Article 226 of the Constitution, the High Court directed the Assistant Settlement Officer to dispose of a pending revenue appeal filed by the petitioner within four months. The court fixed a timeline for the authority to act on the matter previously arising from a mutation cancellation.

What did the court decide?

Directed the respondent to dispose of the appeal dated 16.02.2021 within a period of four months from the date of receipt of the order.

Sree Lalitha Vs the Assistant Settlement Officer (North) — Land Acquisition | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.11.2021

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CORAM:

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THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

W.P.NO.23519 OF 2021

Sree Lalitha

... Petitioner

Versus

The Assistant Settlement Officer (North), Personal Assistant (Director),

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Office of the Commissionerate of

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Survey and Settlement,

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Chepauk, Chennai - 600 005.

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The Town Land Surveyor, Office of the Town Land Surveyor, Pallavaram, Chennai. ... Respondents

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PRAYER-

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1^st respondent to dispose of the appeal dated 16.02.2021 within the stipulated period that may be fixed by this Court.

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For Petitioner : Mr.S.Arivazhagan

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For Respondents : Mr.Yogesh Kannadasan Government Advocate

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ORDER

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This writ petition has been filed for issuance of Writ of Mandamus, to direct the 1st respondent to dispose of the appeal dated 16.02.2021 within the stipulated period that may be fixed by this Court.

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The property measuring to an extent of 22 cents comprised in Survey No.137/7 situated at Zamin Pallavaram Village, Pallavaram Taluk, Chengalpattu District, was originally belonged

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https://hcservices.ecourts.gov.in/hcservices/

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to one Varadharaja Iyer and he has paid necessary taxes to the concerned authorities. After his demise, the petitioner's husband who was in possession of the said property without any hindrance. Accordingly, all the Revenue Records were mutated in favour of the petitioner's husband and the same was entered into Town Survey Field Registration of Pallavaram who had issued a letter dated 12.12.2018. Thereafter, the petitioner's husband was settled the said property and the mutation of the same was effected in Town field survey records of Pallavaram. Be that as it may, the Special Tahsildar, Town land Survey had cancelled the aforesaid patta without any prior notice as against the order passed by the Town Land Surveyor, Pallavaram, dated 17.08.2020. Aggrieved by the same, the petitioner has preferred an appeal dated 16.02.2021 before the 1st respondent. Though the petitioner appeared before the 1st respondent, produced all the relevant documents and the same is kept pending till date without any progress. Hence, the petitioner has come forward with the present writ petition.

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Heard both side and perused the records.

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Having regard to the limited scope of the prayer, this

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Court is inclined to pass the following order:-

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The respondent is directed to dispose of the appeal dated 16.02.2021 filed by the petitioner as against the order dated 17.08.2020 within a period of four months from the date of receipt of a copy of this order.

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Accordingly, the Writ Petition is disposed of. No costs.

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Sd/-

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Assistant Registrar(CS V)

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//True Copy//

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Sub Assistant Registrar

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sp/msm

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The Assistant Settlement Officer (North) Personal Assistant (Director), Office of the Commissionerate of Survey and Settlement,

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Chepauk, Chennai - 600 005.

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https://hcservices.ecourts.gov.in/hcservices/

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The Town Land Surveyor, Office of the Town Land Surveyor, Pallavaram, Chennai.

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+1cc to Mr.S.Arivazhagan, Advocate, S.R.No.56428

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+1cc to the Government Pleader, S.R.No.57662

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W.P.NO.23519 OF 2021

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KG(CO) PBS/01/12/2021

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https://hcservices.ecourts.gov.in/hcservices/

Sree Lalitha v. the Assistant Settlement Officer (North)

Case brief

What is this about?

What did the court decide?

Sree Lalitha v. the Assistant Settlement Officer (North)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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