K.Venkatesan v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2024
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN K.Venkatesan ... Petitioner Vs.
1. State represented by The District Revenue Officer, Collectorate Campus, Tiruvallur.
2. The Revenue Divisional Officer, Tiruttani Division, Tiruttani.
3. The Tahsildar, Tiruttani Taluk, Tiruttani, Tiruvallur District.
...
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to dispose the appeal dated 26.04.2023 filed by the petitioner for grant of patta, pending under Reference Na.Ka.No.18723/2023/B1 within a
reasonable time.
For Petitioner : Mr.A.E.Ravichandran For Respondents : Mrs.V.Yamunadevi Special Government Pleader
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus, to direct the first respondent to dispose the appeal dated 26.04.2023 filed by the petitioner for grant of patta, pending under Reference Na.Ka.No.18723/2023/B1 within a reasonable time.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3. It seen that against the order dated 10.03.2023 passed by the second respondent, the petitioner preferred an appeal before the first respondent. The first respondent passed an order dated 09.05.2023 in Ref.Na.Ka.No.18723/2023/B1, directing the second and third respondent to send the original records to conduct an enquiry on the petitioner. Since the appeal is kept pending till now, the petitioner is constrained to file the
present writ petition.
4. Already, this Court, in W.P.No.262 of 2018 (D.Tulasi vs. The District Revenue Officer, Dharmapuri etc. and batch), by order dated 09.06.2023, directed the Department to issue circular in regard to disposal of the representation/appeal within time limit and obey the Court orders, and in that regard, the Department also has issued a circular as to how the matters have to be dealt with and within the period of which the matters have to be disposed of has been fixed in the circular, and inspite of the same, the officials concerned in every District have not either responded to the order of this Court made in W.P.No.262 of 2018 or to the circular dated 17.07.2023 bearing Circular No.R1/2005632/2022 issued by the Commissioner of Land Administration, for the reason best known to them and they are adopting their own method.
5. This Court, therefore, directs the Registrar General to send communication to the Chief Secretary to Government about the views of this Court in order to give directions to all the Revenue officials to strictly
follow the order of this Court dated 09.06.2023 in W.P.No.262 of 2018 [D.Tulasi Vs. The District Revenue Officer, Dharmapuri] etc., or the Circular dated 17.07.2023 bearing Circular No. R1/2005632/2022, failing, which, the Chief Secretary is directed to take departmental action against the officers who are not following the specific directions of this Court and the Circular.
6. Since the petitioner has filed the present writ petition seeking for simple writ of mandamus to dispose the petitioner's appeal, the first respondent is directed to dispose the petitioner's appeal dated 26.04.2023 after affording due opportunity of hearing and notice to the writ petitioner, as well as rival claimants / interested parties, if any as the case may be and conduct enquiry and dispose the appeal on merits and in accordance with law. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order.
7. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.
09.01.2024 mfa Index:Yes/No Speaking Order: Yes/No To
1. State represented by The District Revenue Officer, Collectorate Campus, Tiruvallur.
2. The Revenue Divisional Officer, Tiruttani Division, Tiruttani.
3. The Tahsildar, Tiruttani Taluk, Tiruttani, Tiruvallur District.
P.VELMURUGAN, J.
mfa 09.01.2024