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Madras High CourtWP/9833/2020disposed of

Neelamegam v. The District Collector

2020-07-29Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.9833 of 2020 Neelamegam

...Petitioner

Vs

1. The District Collector, Ariyalur District.

2. The District Revenue Officer, District Collectorate, Ariyalur District.

3. The Revenue Divisional Officer, Udayarpalayam.

4. V.S.Ramasamy

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ, directing the 2nd respondent to pass orders on the petitioner's revision petition dated 18.01.2020 filed against the order dated 31.12.2019 passed by the 3rd respondent in the appeal proceedings in Mu.Mu.A2/2498/2019.

For petitioner : Mr.P.Valliappan For respondents : Mr.E.Balamurugan Special Government Pleader for R1 to R3

ORDER

This writ petition has been filed for issue of a writ of mandamus directing the second respondent to pass orders on the Revision Petition filed by the petitioner on 18.01.2020, within the time fixed by this Court.

2. The case of the petitioner is that the property belongs to the mother of the petitioner and a patta was also issued in her name. The 4th respondent seems to have submitted an application before the Tahsildar to remove the name of the mother of the petitioner and to include his name in the patta.

This application was rejected by the Tahsildar. The 4th respondent, thereafter, filed an appeal before the third respondent and the third respondent by proceedings dated 31.12.2019 allowed the appeal. Aggrieved by the same, the petitioner filed Revision Petition before the second respondent on 18.01.2020. The grievance of the petitioner is that the second respondent has not passed any final orders in the Revision Petition and taking advantage of the same, the 4th respondent is attempting to trespass into the property. Left with no other alternative, the present writ petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.P.Valliappan, learned counsel for the petitioner and Mr.E.Balamurugan, learned Special Government Pleader for the respondents 1 to 3.

4. Taking into consideration, the facts and circumstances of the case and the limited relief that has been sought for in the writ petition, there shall be a direction to the second respondent to consider the Revision Petition filed by the petitioner on 18.01.2020 and deal with the same strictly in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order. The second respondent shall issue notice to the 4th respondent and afford him an opportunity before passing final orders. The petitioner is directed to give a fresh representation along with a copy of the Revision Petition filed on 18.01.2020 and a copy of this order.

5. This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The District Collector, Ariyalur District.

2. The District Revenue Officer, District Collectorate, Ariyalur District.

3. The Revenue Divisional Officer, Udayarpalayam.

+1cc to the Government Pleader in Sr.25637 +1cc to Mr.P.Valliappan, Advocate in Sr.25464 W.P.No.9833 of 2020 ssj(co) rv(29/9/2020)