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2008 DIGILAW 1527 (MAD)

P. Anbazhagan v. The Special Commissioner of Land Administration & Another

2008-05-13

G.RAJASURIA

body2008
Judgment :- Heard the learned counsel appearing for the petitioner as well as learned Government Advocate appearing for the first respondent. No notice is ordered to the second respondent in view of the order being passed as under:- 2. The grievance of the petitioner is relating to issuance of patta. The District Revenue Officer, Tanjore passed order as against the petitioner, whereupon he preferred an appeal before the first respondent and the same is pending. Learned counsel for the petitioner would express the grievance of the petitioner that if interim order were not granted, the respondents would dispossess the petitioner forcibly. 3. I make it clear that if the petitioner is dispossessed from his alleged possession, as apprehended, it is open to him to move before the Civil Court. The appeal is now pending before the Special Commissioner of Land Administration-first respondent herein, hence, I issue the following directions:- "The Appellate Authority viz. the Special Commissioner of Land Administration, who is the first respondent herein shall dispose of the appeal on merits and in accordance with law within two months from the date of receipt of a copy of this order." 4. Learned Government Advocate appearing for the first respondent would make an exemplary submission that in this case, appeal itself has not been numbered. If really the appeal is defective and not a tenable one, it is open to the Authority to return the same. 5. With the above observations, the writ petition is disposed of. Consequently, the connected M.P. is closed. No costs.