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Madras High CourtWP/10437/2022disposed of

P.Mathiarasu v. The Revenue Divisional Officer,

2022-04-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.10437 OF 2022 P.Mathiarasu ... Petitioner .Vs.

1. The Revenue Divisional Officer, Revenue Divisional Office, Kallakurichi.

2. S.Kuppusamy ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent herein to consider the representation dated 04.03.2022 of the petitioner herein, pass appropriate orders on the said representation.

For petitioner : Mr.C.S.Dhanasekaran For Respondents : Mr.P.Sathish Additional Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the first respondent herein to consider the representation dated 04.03.2022 of the petitioner herein, and pass appropriate orders on the said representation.

2. Mr.P.Sathish, learned Additional Government Pleader takes notice for the first respondent. 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. Since, no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with.

4. The case of the petitioner is that, the second respondent had filed the petition dated 23.07.2018 before the first respondent to cancel the Patta which stands in the name of the petitioner in respect of the property comprised in Survey No.90/14, measuring an extent of 68 cents, situated at Chinnamampattu Village. Thereafter, the first respondent had issued summons to the petitioner and the petitioner had attended the enquiry and filed his objections. Hence, the petitioner made a representation dated 04.03.2022 before the first respondent to take necessary action against the second respondent based on the enquiry. 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.

5. 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 04.03.2022 within the time frame that may be fixed by this Court.

6. The learned Additional Government Pleader appearing for the respondent submits that the petitioner's representation dated 04.03.2022 will be considered by the first respondent within the time frame that may be fixed by this Court.

7. 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 objection petition filed by the petitioner and representation dated 04.03.2022 along with the application made by the second respondent, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the aggrieved persons.

8. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar tri

To The Revenue Divisional Officer, Revenue Divisional Office, Kallakurichi.

+1cc to Mr.C.S.Dhanasekaran, Advocate, S.R.No.29857 +1cc to the Government Pleader, S.R.No.30912 W.P.NO.10437 OF 2022 RK(CO) PBS/19/05/2022