This writ petition has been filed praying for a writ of Mandamus, to direct the first respondent to dispose of the appeal preferred by the petitioner, on 24.10.2009, within a specified period.
2. The learned counsel for the petitioner has stated that the property with an extent of 4 acres and 95 cents, in Re-survey No.157/1, in Uthangudi Village, Madurai (North) Taluk, has been assigned to the petitioner's great grandfather by the then Collector of Madurai, vide his proceedings, in P.S.A.No.2309/50, dated 30.04.1950, for having participated in the freedom movement. It has been further stated that the petitioner is one of the legal heirs of L.K.Tulsiram, his great grandfather. Therefore, he had made an application to the second respondent to include his name in the patta to be issued in respect of the said property. However, the second respondent, during the pendency of the application submitted by the petitioner, had granted patta in favour of the other legal heirs, excluding the petitioner. In such circumstances, the petitioner had preferred an appeal before the first respondent, on 24.10.2008. However, the first respondent had not disposed of the said appeal, till date. In such circumstances, the petitioner has preferred the present writ petition before this Court, under
Article 226 of the Constitution of India.
3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents had submitted that the appeal filed by the petitioner had not been numbered, till date. After the appeal is numbered, the first respondent would dispose of the same, on merits and in accordance with law. The learned counsel appearing on behalf of the petitioner had submitted that he would take steps to number the appeal filed by him before the first respondent, by producing all the necessary records and by complying with the requirements of the first respondent.
4. On such submissions being made by the learned counsels appearing on behalf of the parties concerned, the first respondents is directed to dispose of the appeal filed by the petitioner, within a period of twelve weeks, after the said appeal is numbered and after giving an opportunity of hearing to the petitioner, as well as to the other parties concerned, on merits and in accordance with law.
5. The writ petition is disposed of, with the above directions. No costs.
cs To
1.The Revenue Divisional Officer, Collectorate, Madurai.
2.The Tahsildar, Madurai North Taluk, Collectorate, Madurai.