K.Kurunthasalam v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.03.2021 CORAM: JUSTICE N.SESHASAYEE WP.No.5769 of 2021 K.Kurunthasalam
...Petitioner
-Vs1.The Revenue Divisional Officer, Coimbatore, Coimbatore District.
2.The Tahsildar, Office of the Annur Taluk Office, Annur Taluk, Coimbatore District.
3.Mylsamy 4.Sivasami 5.Kittusamy
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to remove the names of respondents 3 to 5 in E.No.10(1) section Revenue Department Coimbatore District bearing patta No.96 dated 06.02.2016, patta No.150 dated 06.02.2016 and patta No.328 dated 06.02.2016 and to restore the patta to its original position on the basis of direction issued by the District Revenue Officer, Coimbatore 27.06.2016. For Petitioner : Mr.B.Nambiselvan For R1 & R2 : Mr.S.N.Parthasarathi Government Advocate
ORDER
This Writ Petition is filed for a writ of Mandamus, directing the 1st respondent to remove the names of respondents 3 to 5 in E.No.10(1) section Revenue Department Coimbatore District bearing patta No.96 dated 06.02.2016, patta No.150 dated 06.02.2016 and patta No.328 dated 06.02.2016 and to restore the patta to its original position on the basis of direction issued by the District Revenue Officer, Coimbatore 27.06.2016.
2.Mr.S.N.Parthasarathi, learned Government Advocate entered appearance for the respondents 1 and 2 and submitted that an enquiry is scheduled to take place on 04.06.2021 at 3.00 p.m at the office of the first respondent/RDO. 3.The said statement of the learned Government Advocate is recorded.
4.In the order of this Court dated 09.03.2021, this Court also passed the following order in paragraph no.4; "The DRO is now required to make a statement as to why this application dated 06.02.2016 was kept unattended in his file for about five years, and why he dragged the citizen to file this writ petition for issuing a direction. He is required to make a statement that if he/she will act only when a remainder is given through the orders of this Court to him to do the job."
5.As regards this, the learned Government Advocate on instructions from the District Collecter submitted that since he is busy with the on going General Elections work, he being the District Election Officer, some time will be required to attend to this matter, but made a statement that he would ensure that this is not repeated in his unit.
6.No further direction is required to be given except that the first respondent is directed to issue notice to all the parties who are likely to be affected by his decision, provide them a fair and effective hearing and to dispose of the matter through a speaking order within a period of twelve (12) weeks from 04.06.2021.
7.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar
Tsg To 1.The Revenue Divisional Officer, Coimbatore, Coimbatore District.
2.The Tahsildar, Office of the Annur Taluk Office, Annur Taluk, Coimbatore District.
W.P.No.5769 of 2021 MG[CO] SRG 18/03/2021