Madras High CourtWP/2042/2024dismissed as infructuous

Esther Rani v. The District Revenue Office

2024-03-04Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No. 2042 of 2024 Esther Rani ... Petitioner versus 1.The District Revenue Officer, Tiruvallur District, Tiruvallur.

2.The Revenue Divisional Officer, Tiruttani, Tiruvallur District.

3.Varadhan 4.Rajendiran 5.G.Kesavan 6.P.Valli 7.R.Jayanthi 8.P.Muralikrishnan 9.Harikrishnan 10.T.Vivekanandan 11.Poonki 12.Santhi Arul 13.Saraswathi 14.Loganathan ... Respondents Pg.Nos.1/5

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to consider and pass orders on the petitioner's appeal dated 02.02.2018. For Petitioner :

Mr.G.Jeremiah For Respondents :

Mr.T.Arun Kumar Additional Government Pleader for R1 and R2 No appearance for R5 to R7 and R9 Not ready in notice-R3,R4,R8& R10 to R14

O R D E R

This writ petition has been filed seeking for issuance of a writ of mandamus, directing the first respondent to consider and pass orders on the petitioner's appeal dated 02.02.2018.

2. The learned counsel for the petitioner submitted that after filing the appeal, the first respondent sent a notice to the petitioner on 07.02.2018 for enquiry, but thereafter, no enquiry was conducted and final orders is yet to be passed.

Pg.Nos.2/5

3. The learned Additional Government Pleader appearing for the respondents 1 and 2 by referring to the proceedings of the first respondent dated 26.02.2024 submitted that the first respondent sent notices to the petitioner on 07.02.2018, 02.03.2018, 19.06.2018, 24.08.2018, 22.08.2019, 03.09.2022, 11.10.2022 and 01.02.2024, conducted enquiry and passed final orders on 26.02.2024.

4. At this juncture, the learned counsel for the petitioner contented that except the notices dated 07.02.2018 and 01.02.2024, no notice was served on the petitioner. However, the learned counsel for the petitioner accepted that during the pendency of the writ petition, the petitioner received notice from the first respondent on 01.02.2024 and she has also participated in the enquiry, but no final order has been passed.

5. It is seen from the order passed by the first respondent dated 26.02.2024, that the petitioner was served with notice dated 01.02.2024 and she has also participated in the enquiry and made her submissions and Pg.Nos.3/5

thereafter, the first respondent has passed final orders on 26.02.2024. Therefore, nothing survives for adjudication in this writ petition.

6. In view of the above, the Writ Petition is dismissed as having become infructuous. However, there shall be no order as to costs. In case, the petitioner is aggrieved with the order of the first respondent dated 26.02.2024, she is at liberty to work her remedy in the manner known to law.

04.03.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Revenue Officer, Tiruvallur District, Tiruvallur.

2.The Revenue Divisional Officer, Tiruttani, Tiruvallur District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 04.03.2024 Pg.Nos.5/5