IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:- 13.05.2008 Coram The Honourable Mr. Justice G. RAJASURIA W.P. No.12241 of 2008 and M.P. No.1 of 2008 Mr. P. Anbazhagan ... Petitioner ..vs.. 1. The Special Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai. 2. Smt. Sivaneswari ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, forbearing the first respondent from evicting the petitioner and his family from the premises and land comprised in S.No.11-B/23 Vadiyakadu, Poonavarayan Kottai, Pattukkottai Taluk, Tanjore District to an extent of 10 cents without following due process of law. For Petitioner : Mr. B. Kesavan For Respondents : Mr. N. Senthilkumar Govt. Advocate O R D E R 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:- 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 is not granted, the respondents would dispossess the petitioner forcibly. https://hcservices.ecourts.gov.in/hcservices/ 2. 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. Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar ssa. To The Special Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai. +1 cc to Mr.B.Kesavan, Advocate, SR.No.26764. 1 cc To The Government Pleader, SR.26775. Ra (co) krd / 16.5.08 W.P No.12241 of 2008 and connected M.P. https://hcservices.ecourts.gov.in/hcservices/