Writ petition is filed under Article 226 of Constitution of India for issuance of a writ of mandamus to direct the 1st respondent to consider and pass orders on the appeal dated 16.03.2009 submitted by the petitioner against the orders of the 2nd respondent dated 22.12.2008 for the grant of patta in respect of the lands comprised in survey No.245/2, Pothur village, Ambatur Taluk, Tiruvallore District measuring to an extent of 1 Acre 36 cents, after affording opportunity of personal hearing to the petitioner and within a time fixed by this Hon'ble Court.
O R D E R
1. The petitioner has approached this Court with a prayer for issuance of writ in the nature of mandamus, to direct the 1st respondent to dispose of the statutory appeal filed by the petitioner on 16.03.2009 against the order of 2nd respondent passed on application for the grant of patta.
2. By way of Sale Deed dated 05.10.2006, registered as Doc.No.8642/ 2006 at S.R.O. Redhills, the petitioner had purchased the land measuring 1 Acre 36 cents, in Survey No.245/2, Pothur village, Ambatur Taluk, Tiruvallore District.
3. The application moved by the petitioner to the 2nd respondent for grant of patta was not decided by the 2nd respondent, though it was the statutory obligation under Section 3 of the Tamil Nadu Patta Pass Book Act, to pass appropriate order on an application moved under the Act. The petitioner had to file W.P.No.15666 of 2008, for directing the 2nd respondent to take decision on the application moved by the petitioner. It was in pursuance to the directions of this Court, that the 2nd respondent woke up from the slumber, and rejected the application filed by the petitioner on 22.12.2008.
4. The petitioner, on getting the copy of the order passed by the 2nd respondent, filed the statutory appeal on 16.03.2009.
5. In spite of the fact, that the appeal is pending since 16.03.2009, no action has been taken to dispose of the appeal in spite of repeated requests. This inaction shows that the 1st respondent has also failed to perform his statutory obligation under the Act to decide and dispose of the statutory appeal. The petitioner has a legal right to have his appeal decided, with corresponding legal duty on part of respondent to expeditiously dispose of the appeal.
6. For the reasons stated above, the writ petition is allowed, and a writ in the nature of mandamus is issued directing the 1st respondent, to dispose of the statutory appeal filed by the petitioner in accordance with law, after notice to all the parties, within three months of the receipt of the certified copy of this order.
No costs.