R.Balasubramaniam v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.02.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.30125 of 2013 R.Balasubramaniam .. Petitioner Vs.

1.The Revenue Divisional Officer Tiruppur Taluk, Tiruppur District.

2.Ramassamy Gounder 3.Palanisamy Gounder .. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus to direct the first respondent herein to dispose of the petitioner's representation dated 12.02.2013 in accordance with law, within a time frame. For Petitioner : Mr.J.Franklin For Respondents : Mr.S.Gunasekaran (R1) Government Advocate No appearance - R2 & R3

O R D E R

By consent of the learned counsel on either side, the writ petitions are taken up for final disposal.

2.Heard Mr.J.Freanklin, learned Counsel appearing for the petitioner, Mr.S.Gunasekaran, learned Government Advocate appearing for first respondents. Inspite of notice having been served on the respondents 2 & 3 and their names are printed in the cause list non appeared for them.

3.The petitioner seeks for issuance of writ of mandamus to direct the first respondent to dispose of his representation dated https://hcservices.ecourts.gov.in/hcservices/

12.02.2013.

4.According to the petitioner, subsequent to his purchase of an extent of 6 acres in the subject matter of property as per document No.6580/1995 on 09.12.1994, for want of loan from the Bank, when he applied for encumbrance certificate, he found that respondents 2 and 3 have fraudulently, without any document have registered their name in their names in the chitta, patta and UDR in the Revenue Register. Therefore, he submitted a representation dated 12.02.2013 to the first respondent for taking action against the respondents 2 and 3. Till date no action has been taken. Hence, the petitioner has come forward with the present Writ Petition.

5.Considering the limited scope of the prayer sought for in this Writ Petition, without going into the merits of the case, the first respondent is directed to consider the representation submitted by the petitioner dated 12.02.2013 and after affording an opportunity of personal hearing to the petitioner as well as to respondents 2 & 3, pass appropriate orders on merits and in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rpa To 1.The Revenue Divisional Officer Tiruppur Taluk, Tiruppur District.

1 cc to Mr. J.Franklin,Advocate, SR.No.10064 W.P. No.30125 of 2013 ts(co) pmk.12.3.2015 https://hcservices.ecourts.gov.in/hcservices/