Petitioner sought writ of mandamus directing revenue courts to dispose of pending appeal and restrain Patta transfer. High Court directed enquiry and hearing within prescribed time but disposed of petition at admission stage.
Direct respondents to issue notice and dispose of pending appeal and pass orders on merits.
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W.P. No.5338 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2024
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
W.P. No.5338 of 2024
P.Nagabhushanam … Petitioner
Vs.
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to conduct enquiry and dispose of the appeal petition dated 05.10.2023, filed by the petitioner before the 1st respondent in accordance with law and forthwith direct the 3rd respondent not to effect Patta transfer until the disposal of the appeal petition dated 05.10.2023 before the 1st respondent.
W.P. No.5338 of 2024
For Petitioner : Mr.R.Narayana For R1 to R3 : Mr.A.Selvendran
Special Government Pleader
ORDER
This Writ Petition is filed seeking to issue a Writ of Mandamus
directing the 1st respondent to conduct enquiry and dispose of the appeal
petition dated 05.10.2023, filed by the petitioner in accordance with law
and forthwith direct the 3rd respondent not to effect Patta transfer until the
disposal of the appeal petition dated 05.10.2023.
respondent herein based on the judgment and decree made in A.S.No.426
of 1995 dated 11.04.2005 in order to mutate the properties which were in
possession and enjoyment of the petitioner for more than three decades,
made an application after lapse of 26 years before the 2nd respondent on 13.09.2021 to cancel the Patta stands in the name of the petitioner and his
deceased son. After receiving summons from the 2nd respondent, the
petitioner filed his submissions and also produced all the relevant
W.P. No.5338 of 2024 documents to substantiate his case. However, the 2nd respondent did not
consider the same and allowed the application filed by the 4th respondent on 11.09.2023 vide proceedings in Na.Ka.No.741/2023/A4 and directed the 3rd respondent to effect transfer of Patta in favour of the 4th respondent. Aggrieved by the order of the 2nd respondent , the petitioner
has preferred an appeal dated 05.10.2023 before the 1st respondent and the same has not been considered so far. Meanwhile, the 3rd respondent based on the directions of the 2nd respondent, effected mutation of Patta in favour of the 4th respondent vide proceedings in Na.Ka.No.2284/2021/A6 on 17.10.2023. Hence, the present Writ Petition is filed.
notice for the respondents 1 to 3. Since no adverse order is being passed against the 4th respondent, notice to the 4th respondent is dispensed with.
either side and since this writ petition is filed seeking a simple writ of
mandamus to dispose of the appeal dated 05.10.2023, this Court without
W.P. No.5338 of 2024 expressing any opinion with regard to the merits of the case, directs the 1st
respondent issue notice of hearing on the appeal to the petitioner and to the
th 4 respondent herein and also to the interested parties/rival
claimants/objectors/any other parties involved in the appeal as the case may be and after giving opportunity of hearing to all the parties, dispose of the appeal and pass orders on merits and in accordance with law, within the time as prescribed in the circular No.R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration, from the date of receipt of a copy of this order.
admission stage itself. There shall be no order as to costs.
04.03.2024
ksa-2 Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes/No
W.P. No.5338 of 2024
To
W.P. No.5338 of 2024 P.VELMURUGAN. J.
Ksa-2
W.P. No.5338 of 2024
04.03.2024
1 issue framed by the court
Whether the revenue courts are bound to dispose of the pending appeal against mutation order without undue delay.
1 provisions across 1 enactments
P. Nagabhushanam
District Revenue Officer Thiruvallur
Revenue Divisional Officer Thirutani
Tahsildar R.K.Pettai Taluk
Eswari Ammal
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
