IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.SURENDER, J
Dhanabalan N – Appellant
Versus
The District Collector – Respondent
Writ Petition, No. 129 of 2023
| Table of Content |
|---|
| 1. writ petition for the disposal of a pending appeal. (Para 1 , 2) |
| 2. details of property dispute and interlocutory measures. (Para 4 , 5) |
| 3. court direction for timely disposal of the appeal. (Para 6) |
ORDER
The Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the second respondent to dispose the appeal dated 24.12.2025 filed under Section 12 of Tamil Nadu Patta Pass Book Act, 1983 and the Rules, 1983, within the stipulated time to be fixed by this Court.
2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.
3. Since no adverse orders are going to be passed against the fourth respondent, notice to the fourth respondent is hereby dispensed with.
4. The learned counsel for the petitioner submits that the subject property originally belonged to the petitioner's father. After the death of the petitioner's father, the fourth respondent, who is the brother of the petitioner filed O.S.No.129 of 2023 seeking partition before the Additional District Court, Srivilliputhur, Virudhunagar District and the same is pending. During the pendency of the said suit, the fourth respondent herein filed an application before the third respondent to change the Patta in respect of the subject property. Without conducting any enquiry, the third respondent changed the Patta and issued joint Patta including the name of the petitioner and the fourth respondent in Patta No.10061. Aggrieved over the same, the petitioner preferred an appeal dated 24.12.2025 before the second respondent and the same is still pending. Since the said appeal has not been considered till date, the petitioner has approached this Court.
5. The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that the petitioner's appeal dated 24.12.2025 will be considered and disposed of on merits and in accordance with law within a time frame to be fixed by this Court.
6. Recording the aforesaid submission and without going into the merits of the matter, this Court directs the second respondent to consider the petitioner's appeal dated 24.12.2025 and dispose of the same on merits and in accordance with law, after affording due opportunity of hearing to all the necessary parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order.
7. The Writ Petition stands disposed of with the above direction. No costs.
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