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2010 DIGILAW 4248 (MAD)

P. Ravi v. The District Collector Vellore District

2010-09-21

K.B.K.VASUKI

body2010
Judgment :- 1. The learned Additional Government Pleader takes notice for the respondents 1 and 2. 2. On consent, this writ petition is taken up for final hearing, at the admission stage. 3. The relief sought for in this writ petition is for directing the first respondent / District Collector to dispose of the petitioners appeal dated 18.09.2000 as expeditiously as possible. 4. The appeal referred to in the writ petition is against the order passed by the second respondent / Tahsildar in his proceedings H/S.5/1403 dated 27.08.1993, in and under which, patta was issued in the name of one Kannian, who is the father of the third respondent herein, in respect of one cent of land in Survey No.49, Veppur Village, Katpadi Taluk, Vellore District, which is according to the petitioner stands in the name of his mother by name Andalammal. According to the learned counsel for the petitioner, while the patta in respect of three cents in the same survey number stands in the name of his mother, the second respondent has without any notice and enquiry transferred the patta in respect of one cent forming part of three cents in favour of the father of the third respondent. It is his further case that the petitioner has preferred an appeal on 18.09.2000 against the same before the first respondent / District Collector, who is according to the petitioner, the statutory appellate authority. The attention of this Court is drawn to the fact that the statutory appellate authority is only Revenue Divisional Officer and not the District Collector. In that event, the question of directing the first respondent / District Collector to dispose of the appeal does not arise herein and the petitioner is not entitled to get any relief in this writ petition. 5. In the result, the petitioner is given the liberty to approach the appropriate authority for appropriate relief in respect of the patta issue within within four weeks from the date of receipt of the copy of this order and the appropriate authority may consider and decide the petitioners claim, if any on merits as per law after giving due notice and opportunity of personal hearing to the parties concerned within eight weeks, thereafter. With this observation, this writ petition is disposed of. No costs.