D.Suryaraj v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.04.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.8896 of 2022 D.Suyaraj
...Petitioner
Vs.
1. The District Revenue Officer, Coimbatore, Office of the District Collectorate, Coimbatore.
2. The Revenue Divisional Officer South, Coimbatore,Office of the Collectorate, Coimbatore.
3. The Tahsildar Perur, Perur Taluk,Coimbatore District.
4. D.Mohanraj
...Respondents
Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to complete the enquiry and pass orders on the revision petition filed against in order in Mu.No.2015/2020/A2 dated 22.09.2020 filed by the fourth respondent. For petitioner : Mr.S.Venkatesh For Respondents : Mr.V.Veluchamy Additional Government Pleader
ORDER
The petitioner has filed this petition seeking direction to the first respondent to complete the enquiry and pass orders on the revision petition filed against in order in Mu.No.2015/2020/A2 dated 22.09.2020 filed by the fourth respondent.
2. Mr.V.Veluchamy, learned Additional Government Pleader takes notice for the respondents 1 to 3. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition
is taken up for final disposal.
3.The case of the petitioner is that the petitioner and the fourth respondent are brothers.They jointly purchased a property comprised in S.No.430/2B2B, measuring an extent of 6.40 acres, situated at Kaniyamuthur Village, Coimbatore District, and obtained Joint Patta in their favour. However, without knowledge of the petitioner the fourth respondent obtained a separate Patta in his favour, for cancellation of the said Patta, the petitioner made an application before the second respondent. The Second respondent by order dated 22.09.2020 cancelled the Patta which stands in the name of the fourth respondent and restored the Joint Patta, as against which the fourth respondent had filed an appeal before the first respondent on 20.10.2020. Hence, the petitioner made a representation dated 18.03.
2022 before the first respondent to pass appropriate orders on the enquiry conducted by the first respondent on 19.11.2021. However, till date no action has been taken by the first respondent on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.
4.Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the first respondent to consider the petitioner's representation dated 18.03.2022 within the time frame that may be fixed by this Court.
5.The learned Additional Government Pleader appearing for the respondents submits that the petitioner's representation dated 18.03.2022 will be considered by the third respondent within the time frame that may be fixed by this Court. 6.In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the first respondent to consider the petitioner's representation dated 18.03.2022, and pass appropriate orders and dispose the appeal within a period of four weeks from the date of receipt of a copy of this order.
7.Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.
Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar tri/mn
To
1. The District Revenue Officer, Coimbatore, Office of the District Collectorate, Coimbatore.
2. The Revenue Divisional Officer South, Coimbatore, Office of the Collectorate, Coimbatore.
3. The Tahsildar Perur, Perur Taluk, Coimbatore District.
+1cc to Mr.Venkatesh, Advocate, S.R.No.25279 +1cc to the Government Pleader, S.R.No.25489 W.P.No.8896 of 2022 MG(CO) RGA(26/04/2022)