B.Selvamani v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.4463 of 2023 1.B.Selvamani 2.Shanthi 3.M.Thamarai Selvi ...
Petitioners -Vs1 The District Revenue Officer Ariyalur District Office of the District Collectorate Ariyalur 2 Revenue Divisional officer Ariyalur Taluk Ariyalur District Office of the District Collectorate Ariyalur 3 The Tahsildar Ariyalur Taluk Ariyalur 4 M.Shanmugavel 5 S.Prabhu ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to pass orders in respect of the representations dated 20.9.2021 and 18.10.2021 pending before the 1st respondent in proceedings Na.Ka.No. A2/ 6028/ 2021 dated 28.9.2021 pertaining to the land and building known as Manickam Pillai Complex Comprised in S.Nos. 87/7A1 165/8 169/11 and 92/30 Thirumanur Village Ariyalur Taluk and District within a time to be stipulated by this Honble court on the basis of the legal Heirship dated 1.9.2020 issued by the 3rd respondent 1 / 5
authority.
For Petitioner : Mr.S.Thankasivan For Respondents : Mrs.N.Senthilselvi Government Advocate - for RR 1 to 3 Notice dispensed with - for RR 4 and 5
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the 1st respondent to pass orders in respect of the representations dated 20.9.2021 and 18.10.2021 pending before the 1st respondent in proceedings Na.Ka.No. A2/ 6028/ 2021 dated 28.9.2021 pertaining to the land and building known as Manickam Pillai Complex Comprised in S.Nos. 87/7A1 165/8 169/11 and 92/30 Thirumanur Village Ariyalur Taluk and District within a time to be stipulated by this Court on the basis of the legal Heirship certificate dated 1.9.2020 issued by the 3rd respondent.
2. In respect of the property situated at S.Nos. 87/7A1 165/8 169/11 and 92/30 Thirumanur Village Ariyalur Taluk and District, it is the claim of the petitioners that the same belonged to their father one Balasubramaian in whose favour the original patta stood and after his demise, joint patta was directed to be issued to the petitioners, who are the legal heirs of the deceased Balasubramanian and that order was passed by the Tahsildar concerned on 19.02.2021. However, when appeal was filed, the same was reversed by the orders of the Revenue Divisional Officer on 11.10.2021 ie., the 2nd respondent. 2 / 5
Aggrieved over the said order, the petitioners have preferred a revision before the 1st respondent District Revenue Officer on 20.09.2021 and 18.10.2021. In order to consider the same the present writ petition has been filed. 3.Heard Mr.S.Thankasivan, learned counsel for the petitioner and Mr.N.Senthilselvi, learned Government Advocate for the respondents 1 to 3. In view of the order that is going to be passed in this writ petition notice to the private respondents is dispensed with.
4. Learned Government Advocate submits that the revision filed by the petitioners and pending before the 1st respondent would be decided on merits and in accordance with law within a time frame that may be stipulated by this Court.
5. Considering the said submission made by the learned Government Advocate, there shall be a direction to the 1st respondent District Revenue Officer to consider the revision filed by the petitioner dated 20.09.2021 and 18.10.2021 and pass orders thereon on merits and in accordance with law of course after giving an opportunity of being heard to both the petitioner as well as the private respondents. If at all opportunity has already been provided and enquiry is completed by hearing the petitioner as well as the private respondents, there 3 / 5
could be no further impediment for the 1st respondent to pass orders on the revision filed by the petitioner as stated supra within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs. 15.02.2023 1/2 Index : Yes/No Speaking Order / Non-speaking order KST To 1 The District Revenue Officer Ariyalur District Office of the District Collectorate Ariyalur 2 Revenue Divisional officer Ariyalur Taluk Ariyalur District Office of the District Collectorate Ariyalur 3 The Tahsildar Ariyalur Taluk Ariyalur 4 / 5
R. SURESH KUMAR, J.
KST 15.02.2023 5 / 5