1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.9626 of 2011 C.Palaniandi ... Petitioner Vs. 1. The Revenue Divisional Officer, Musiri, Trichy District. 2. The Tahsildar, Musiri, Trichy District. ... Respondents PRAYER:Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the first respondent herein to make necessary enquiry and pass suitable orders on the petitioner's appeal dated 09.07.2011. For Petitioner ... Mr.K.M.Vijayakumar For Respondents ... Mr.M.Govindan 1 and 2 Special Government Pleader. * * * * * ORDER This writ petition has been filed by the petitioner to issue a Writ of Mandamus to direct the first respondent herein to make necessary enquiry and pass suitable orders on the petitioner's appeal dated 09.07.2011. 2. Heard Mr.K.M.Vijayakumar, learned Counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who takes notice for the respondent. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner's grievance is that the second respondent/Tahsildar has dismissed the petitioner's application for seeking patta, without proper hearing. Aggrieved thereby, he has filed an appeal to the Revenue Divisional Officer on 09.07.2011 and the proof of filing the same is enclosed in page No.11 of the typed set, dated 11.07.2011. The Writ Petition has been filed for a mandamus to direct the first respondent to enquire and pass order in the appeal. 5. The learned Special Government Pleader states that the party, who will be affected by such proceedings, has not been shown as respondent in https://hcservices.ecourts.gov.in/hcservices/ 2 the appeal. He further states that the petitioner's so called appeal is a report against the Tahsildar and it is not an appeal in terms of the Act and that has been filed belatedly and the question of limitation will arise. 6. In such view of the matter, the first respondent is directed to consider the petition of the petitioner. If it is not an appeal in the format prescribed and not filed within the stipulated time, the petitioner may be suitably informed. If by the action taken the right of any third party will be affected, it is necessary that the Authority should put such person on notice, so as to avoid the allegations of violation of principles of natural justice. It is made clear that this Court does not express any opinion about the merits of the petitioners' claim and the Authority shall decide the matter on its own merits. 7. With the above direction, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (A.S) /True Copy/ Sub Assistant Registrar (C.S) To: 1. The Revenue Divisional Officer, Musiri, Trichy District. 2. The Tahsildar, Musiri, Trichy District. + 1 cc to M/s.K.M.Vijayakumar, Advocate, SR No.29006 + 1 cc to The Special Government Pleader, SR No.29333 W.P.(MD)No.9626 of 2011 25.08.2011 ssl RJ/12.9.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/