Duraisamy v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.13170 of 2021 Duraisamy, S/o. Late T.Palani Gounder ... Petitioner Vs.

1. The District Revenue Officer, Coimbatore District.

2. The Revenue Divisional Officer, Coimbatore South, Coimbatore Dt.

... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st Respondent to dispose of the appeal that was referred by the 2nd respondent in proceedings dated 18.08.2017 in Na.Ka.No.1094/2015/A2 within a time frame as fixed by this Hon'ble Court.

For Petitioner :

Mr.D.R.Arun Kumar For Respondents :

Mr.Yogesh Kannadasan, Government Advocate

O R D E R

(The case has been heard through video conference) The Writ Petition has been filed seeking a direction directing the 1st respondent to dispose the appeal filed by the petitioner.

2. The grievance of petitioner is that, the petitioner is the owner of property in Survey Nos 147/2, 148 and 149/1 of Thenkarai Village, Perur Taluk, Coimbatore District. Earlier, the revenue records stand in the name of petitioner along with his family members. However, during the UDR Scheme, certain property has been wrongly sub-divided. Hence, he has approached the 2nd respondent Revenue Divisional Officer to rectify the https://hcservices.ecourts.gov.in/hcservices/

mistake. Since the mistake has been occurred during UDR scheme, and only the 1st respondent is the competent authority, the 2nd respondent has referred the matter to the 1st respondent vide proceedings in Na.Ka.No.1094/2015/A2, dated 18.08.2017 to rectify the mistake and to pass orders. Thereafter, no order has been passed by the 1st respondent. Hence, the present writ petition has been filed by the petitioner.

3. Earlier, when the matter came up for hearing, this Court directed the learned Government Advocate to verify whether the application is still pending with the 1st respondent.

4. Today, when the matter taken up for hearing, learned Government Advocate, on instructions, would submit that, the application is still pending with the 1st respondent, and the 1st respondent may be directed to consider and pass orders in the appeal within a time frame to be fixed by this court.

5. Considering the above facts and circumstances, the 1st respondent is directed to consider the petitioner's application and to pass suitable orders on merits in accordance with law after hearing the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar rpp To

1. The District Revenue Officer, Coimbatore District.

2. The Revenue Divisional Officer, Coimbatore South, Coimbatore Dt.

+1cc to Dr.Arunkumar, Advocate, S.R.No.30606 W.P.No.13170 of 2021 PL(CO) CB(16/07/2021) https://hcservices.ecourts.gov.in/hcservices/