1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2011 CORAM: THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P(MD)No.126 of 2011 M.Amose .. Petitioner Vs. The Revenue Divisional Officer, Padmanabhapuram Revenue Division, Thuckalay, Kanyakumari District. .. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondent herein to dispose of the appeal dated 14.06.2010 filed against the order of the Tahsildar, Vilavancode, Kanyakumari District in O.Mu.(A1)8936/2010, dated 19.03.2010, within a time stipulated by this Court. For Petitioner : Mr.K.P.Krishnadoss For Respondents : Mr.K.A.Nandagopan Addl.Govt.Pleader O R D E R The petitioner seeks a Writ of mandamus, to direct the respondent to dispose of his appeal filed on 14.06.2010 challenging the order dated 19.03.2010 on the file of the Tahsildar, Vilavancode, Kanyakumari District. 2.According to the petitioner, the property in Sy.No.148/1 at Mankode Revenue Village, Vilavancode Taluk, Kanyakumari District, absolutely belongs to his family. The petitioner inherited the said property after the demise of his father. The petitioner appears to have made an application before the Tahsildar, Vilavancode, Kanyakumari District, to issue patta and the said application was allowed as per proceedings dated 02.05.1978. There was a corresponding mutation of revenue records. 3.While the matters stood thus, a civil Suit was instituted by the petitioner in O.S.No.618/1981 before the learned District Munsif, Kuzhithurai for an injunction against a third party. The said Suit was dismissed and the appeal was also dismissed. The said judgment and decree was challenged in S.A.No.116 of 2009 and the same is now pending. 4.Subsequently, the Village Administrative Officer has not received the property tax from the petitioner. Therefore, the petitioner made a representation before the Tahsildar, Vilavancode, Kanyakumari District, for issuing a direction to the Village Administrative Officer to receive the tax. The said representation was rejected by the Tahsildar on the ground of dismissal of the Suit filed by the petitioner. The said order was challenged before the Revenue Divisional Officer, Padmanabhapuram, Kanyakumari District, on 25.08.2010. The appeal has not been taken up for disposal. Therefore, the petitioner was constrained to file the Writ Petition for issuance of a Writ of Mandamus. https://hcservices.ecourts.gov.in/hcservices/ 2 5.I have heard the learned counsel for the parties. 6.The petitioner has challenged the proceedings dated 19.03.2010 before the respondent. The said appeal has to be disposed of by the respondent one way or the other. The competent authority cannot keep the appeal pending without giving a disposal. In such circumstances, I am of the view that interest of justice would be sub served in case a direction is issued to the respondent to consider and dispose of the appeal. 7.Accordingly, the respondent is directed to consider and dispose of the appeal filed by the petitioner challenging the proceedings dated 14.06.2010 and pass orders on merits and as per law as expeditiously as possible and in any case, within a period of four months from the date of receipt of a copy of this order. 8.It is made clear that I have not considered the merits of the matter and it is for the respondent to dispose of the appeal purely on merits and as per law, with notice to all concerned. 9.The writ petition is disposed of with the above direction. No costs. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To The Revenue Divisional Officer, Padmanabhapuram Revenue Division, Thuckalay, Kanyakumari District. +1cc to The Special Government Pleader, SR.2878 +1cc to Mr.K.P.Krishnadoss, Advocate SR.2749 MPK SR : 09.02.2011 : 2p/4c W.P(MD)No.126 of 2011 24.01.2011 https://hcservices.ecourts.gov.in/hcservices/