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Madras High CourtWP/15616/2017disposed of

Saraswathi Ammal, v. The Revenue Divisional

2017-06-21Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2017

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.NO.15616 OF 2017

1. Saraswathi Ammal

2. Manoranjitham .. Petitioners Vs.

1. The Revenue Divisional Officer, G.S.T.Road, Madurantagam - 603 306.

Kanchipuram District.

2. The Tahsildar, Taluk Office, Madurantagam Taluk, Kanchipuram Dist.

Pin - 603 306.

3. Smt. Jeevarathnammal

4. Sri. Gajapathi .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent herein to dispose of the proceedings in Na.Ka.344/2014/c, dated 20.12.2014 within a stipulated period. For Petitioners ..

Mr.K.Govi Ganesan For Respondents ..

Ms.K.Bhuvaneswari Government Advocate

O R D E R

The writ petitioners claims that they are the owner of the subject property, but however, patta was issued in the names of third and fourth respondents. Aggrieved over the action of the second respondent - Tahsildar, the writ petitioner preferred an appeal before the first respondent - Revenue Divisional

Officer. On the basis of the appeal, the Revenue Divisional Officer has issued proceedings in Na Ka.344/2014/C, dated 20.12.2014, directing the Tahsildar to produce the records. In spite of the same, the Tahsildar has not produced any records. Thereafter, an enquiry notice was issued on 24.12.2014, followed by another notice dated 24.08.2015. But, the second respondent - Tahsildar has not produced any records.

2.On behalf of the respondent nos.1 and 2, Ms.K.Bhunaveswari, learned Government Advocate takes notice and submitted that suitable instructions will be issued to the second respondent - Tahsildar for production of documents before the first respondent - Revenue Divisional Officer, to complete the enquiry and for disposal of the proceedings in NaKa.No.344/2014/C, dated 20.12.2014.

3. Recording the submissions made by the learned Government Advocate and considering the limited prayer sought for to dispose of the proceedings in NaKa.No.344/2014/C, dated 20.12.2014, this Court consider it fit to give a direction to the second respondent - Tahsildar, to produce the relevant records, before the first respondent, pertaining to the enquiry, within a period of four weeks from today and on receipt of such records, the first respondent is directed to complete the enquiry and dispose of the above proceedings, within a period of twelve weeks thereafter.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar mm/tk To

1. The Revenue Divisional Officer, G.S.T.Road, Madurantagam-603 306.

Kanchipuram District.

2. The Tahsildar, Taluk Office, Madurantagam Taluk, Kanchipuram Dist.

Pin-603 306.

+1cc to Mr.K.Govi Ganesan,Advocate sr.43723 +1cc to Government Pleader sr.43789 W.P. No. 15616 of 2017 ss(22/6/2017)