Mrs. N.Adhilakshmi v. The Revenue Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.08.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.12366 of 2018 N.Adhilakshmi ...

Petitioner vs.

1. The Revenue Divisional Officer, Kanchipuram, Kanchipuram District.

2. The Tahsildhar, Kanchipuram Taluk and District.

3. Govindan .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to issue separate patta in favour of the petitioner in respect of the lands comprised in Survey Nos.167-0.35 cents, 178/2 - 0.52 cents, 178/3 - 0.27 cents, 178/4 - 0.45 cents, 178/7 - 0.27 cents, 178/8 - 0.53 cents, 195/9 - 1.21 cents, 195/10 - 0.37 cents totally measuring to an extent of 9.37 acres situate at Kalur Village, Kanchipuram Taluk and District based on the proceedings of the 1st respondent, dated 20.02.2014 in Na.Ka. No.63/2014/A2 forthwith. For Petitioner : Mr. G. Vinodh Kumar For Respondents : Mr.R.S.

Selvam, Government Advocate for RR1 and 2 O R D E R The grievances of the writ petitioner is that she submitted an application to issue a separate patta in favour of the petitioner in respect of the lands comprised in Survey Nos.1670.35 cents, 178/2 - 0.52 cents, 178/3 - 0.27 cents, 178/4 - 0.45 cents, 178/7 - 0.27 cents, 178/8 - 0.53 cents, 195/9 - 1.21 cents, 195/10 - 0.37 cents totally measuring to an extent of 9.37 acres situate at Kalur Village, Kanchipuram Taluk and District based on the proceedings of the 1st respondent, dated 20.02.2014 in Na.Ka. No.63/2014/A2 forthwith. https://hcservices.ecourts.gov.

2. The learned counsel appearing on behalf of the writ petitioner made a submission that pursuant to the application submitted by the writ petitioner, an enquiry was conducted by the Revenue Divisional Officer, Kanchipuram and the petitioner also attended the enquiry and furnished all the required documents. Though the enquiry was conducted in the year 2014, no action has been taken to pass final orders in respect of the claim of the writ petitioner for the past about four years.

3. This Court is of an opinion that the revenue officials exercising the powers under the statute is bound to pass orders within a reasonable period of time. In respect of the claim of the citizen for grant of patta, cancellation of patta, or modification of entries in the revenue records and UDR corrections are all to be done after conducting an enquiry and within a reasonable period of time. However, in the present case on hand, though the enquiry has been conducted by the Revenue Divisional Officer in the year 2014, but no final order has been passed so far.

4. This being the factum of the case, the first respondent Revenue Divisional Officer, Kanchipuram is directed to consider all the documents and the materials available on record and take a decision and pass final orders within a period of twelve weeks from the date of receipt of a copy of the order. With this direction, the Writ petition stands disposed off. However, there shall be no order as to costs.

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

1. The Revenue Divisional Officer, Kanchipuram, Kanchipuram District.

2. The Tahsildhar, Kanchipuram Taluk and District.

+1cc to Mr.G.Vinoth Kumar, Advocate SR.No.54777 +1cc to Government Pleader SR.No.55414 W.P.No.12366 of 2018 SMI/29.08.2018 https://hcservices.ecourts.gov.in/hcservices/