High Court directed the District Revenue Officer to dispose of the petitioner's pending appeal and complete enquiry proceedings regarding land patta within two months after hearing all parties.
First respondent directed to dispose of appeal dated 30.11.2022 on merits within two months after giving hearing opportunity to all parties.
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W.P.No.33736 of 2023 order dated 05.12.2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.12.2023
Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No.33736 of 2023
S.Selvarasu .. Petitioner
Vs.
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to dispose of the appeal of the petitioner, dated 30.11.2022 and complete the enquiry proceedings in Na.Ka.No.172/2022/K5, dated 11.02.2023.
For petitioner : Mr.V.Elangovan For respondents: Mr.P.Gurunathan, Addl.G.P.
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ORDER
W.P.No.33736 of 2023 order dated 05.12.2023
This Writ Petition is filed praying for issuance of a simple Writ of Mandamus to direct the first respondent to dispose of the appeal of the petitioner, dated 30.11.2022 and complete the enquiry proceedings in Na.Ka.No.172/2022/K5, dated 11.02.2023.
for respondents 1 to 3. Since no adverse order is passed against the private respondent, notice to the private respondent is dispensed with.
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W.P.No.33736 of 2023 order dated 05.12.2023
settlement deed in favour of his wife, i.e. Pichayee. While so, the petitioner's father and mother executed a Will (Deed) in respect of the above land in D.No.43/2010 before the SRO in favour of the petitioner's sister Selvi (fourth respondent). Originally, the said property is in possession of the petitioner's grandfather and grandmother for the past 40 years.
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W.P.No.33736 of 2023 order dated 05.12.2023
Thereafter, the Attur Tahsildar conducted field enquiry and passed an order on the petitioner's application stating that the above land was originally owned by the petitioner's grandparents. After obtaining the above certificate from the Tahsildar, Attur, the petitioner gave a representation on 21.01.2016 to the SubRegistrar, Thalaivasal, Salem District to cancel the Will executed by the petitioner's parents. Since no action was taken, the petitioner earlier filed a Writ Petition before this Court in W.P.No.3847 of 2016, and this Court, by order dated 02.02.2016, directed the respondent therein to dispose of the said representation dated 21.01.2016 with directions stated therein.
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W.P.No.33736 of 2023 order dated 05.12.2023
to the first respondent on 09.05.2022 to issue patta in his favour, however, as no action was taken by the respondents to issue patta, the petitioner filed W.P.No.16718 of 2022, which was disposed of on 30.06.2022 directing the respondents therein to consider and dispose of the said representation, dated 09.05.2022 with certain directions stated therein.
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W.P.No.33736 of 2023 order dated 05.12.2023
earlier disposal of the appeal.
05.12.2023
cs
To
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W.P.No.33736 of 2023 order dated 05.12.2023
P.VELMURUGAN, J
cs
W.P.No.33736 of 2023
05.12.2023
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1 issue framed by the court
Whether the first respondent should direct to dispose of the pending appeal and complete the enquiry proceedings on merits.
S.Selvarasu
The District Revenue Officer, Salem District
The Revenue Divisional Officer, Attur
The Tahsildar, Thalaivasal
Tmt.Selvi
P. VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
