Vanaja v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Vanaja ... Petitioner Vs.
1. The District Revenue Officer Chennai Collector's Office Chennai - 600 001
2. V.S.Boopalan ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent herein to conduct enquiry and pass orders in the Revision Petition filed by the petitioner on 27.01.2023 within a time frame fixed by this Court. For Petitioner : Mr.P.Dinesh Kumar For R1 : Mr.A.Selvendran Special Government Pleader 1/7
ORDER
This Writ Petition is filed seeking a Writ of Mandamus directing the 1st respondent herein to conduct enquiry and pass orders in the Revision Petition filed by the petitioner on 27.01.2023 within a time frame as may be fixed by this Court.
2. The contention of the petitioner is that the petitioner made a revision petition dated 27.01.2023 to the 1st respondent herein. Though the same was acknowledged on 30.01.2023 itself, so far, the petitioner has not received any notice of hearing on the revision and he had waited for more than one year. At last, he has filed the present Writ Petition before this Court. 3.Mr.A.Selvendran, learned Special Government Pleader takes notice for the 1st respondent. Since there is no adverse order is being passed against the 2nd respondent, notice to the 2nd is dispensed with.
4. Heard and perused the materials available on record. 2/7
5. It is seen that from the records that, on earlier occasion also, this petitioner had approached this Court in the year 2018 in W.P.No.16726 of 2018 seeking a Writ of mandamus to consider her representation dated 30.11.2016 and only after the directions of this Court dated 02.04.2019, the Tahsildar has passed order on the petitioner's representation. Aggrieved by the same, the petitioner had filed an appeal before the RDO on 27.01.2020 and the same was also not considered. Again the petitioner approached this Court in W.P.No.15768 of 2021 and only after the direction of this Court dated 29.07.2021, the RDO has passed orders on the appeal. Again challenging the order of the RDO, the petitioner has filed a revision before the DRO/1st respondent herein and the same was received by the office of the DRO on 30.01.
2023 itself and now we are in the year 2024. Even after a period of one year, the DRO/1st respondent herein has not passed any order on the revision filed by the petitioner. Each and every stage, the petitioner has been dragged from pillar to post and also to this Court. The attitude of the Government Officials is highly deprecated.
6. Having regard to the facts of the case and since this writ petition is filed seeking a simple writ of mandamus to dispose of the revision petition, 3/7
this Court without expressing any opinion with regard to the merits of the case, directs the 1st respondent to issued notice of hearing of the revision, to the revision petitioner and to the 2nd respondent herein and also to the rival claimants/interested parties/objectors if any, as the case may and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law and dispose of the petitioner's revision petition within a period of two months from the date of receipt of a copy of this order.
7. Accordingly, the Writ Petition is disposed of at the admission stage itself. No costs.
8. Before parting with this case, it is to be noted that 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 application/petition/revision/appeals and etc., within time limit and obey the Court orders and in that regard, the Commissioner of Land Administration has also issued a circular No.R1/2005632/2022 dated 17.07.2023 as to how the matters have to be dealt with and within the period of which, the matters have to be disposed of has 4/7
been fixed in the circular and inspite of the same, the Departments are not following either the order of this Court or the circular.
9. In this case, the 1st respondent/DRO has violated the order of this Court as well as the ciruclar. As he has neither followed the directions of this Court nor followed the circular issued by the Commissioner of Land Administration, the Chief Secreatary/Disciplinary Authority as the case may be, is directed to take departmental action against the 1st respondent/District Revenue Officer and file the action taken report before this Court on or before 19.04.2024 in regard to this Writ Petition.
10. Post the matter on 22.04.2024 "for reporting compliance". 15.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No Note: Issue Order copy on 19.02.2024.
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To The District Revenue Officer Chennai Collector's Office Chennai - 600 001 6/7
P.VELMURUGAN. J.
Ksa-2 15.02.2024 7/7