The Execurtive Officer v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.13020 of 2020 and WMP. No.16133 of 2020 The Executive Officer, Arulmigu Kalumalainathaswamy Thirukoil, Jayankondam-621 802, Udayarpalayam Taluk, Ariyalur District.

... Petitioner Vs.

1. The District Revenue Officer, Ariyalur, Ariyalur District.

2. The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

3. Dr.C.Balasubramanyam

4. Mr.Suba Saravanan

5. Mr.Suba Ramamoorthi ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the first respondent to conduct an enquiry after giving notice of hearing to both parties and pass an appropriate order in the unnumbered Appeal dated 02.03.2012 filed by the writ petitioner in respect of S.Nos.211/2C and 211/2G situates at Jayankondam, Udayarpalayam Taluk, Ariyalur District within a time frame.

For Petitioner : Mr.K.Ashok kumar For Respondent : Mr. Manigopi, Government Advocate - R1 and R2

O R D E R

This writ petition has been filed for the issuance of a Writ of Mandamus directing the first respondent to conduct enquiry

and pass final orders on the appeal filed by the petitioner / temple on 02.03.2012.

2. The case of the petitioner/ temple is that the temple is owning the subject property and the patta also stood in the name of the temple. During the 'Updating Registry Scheme' (UDR Scheme), the patta came to be transferred in the name of the third respondent.

3. The petitioner/ temple aggrieved by the same, filed an appeal before the first respondent/District Revenue Officer on 02.03.2012, seeking for cancellation of the patta and for restoration of the same in the name of the temple.

4. It is seen from records that initially, notices were issued to the respondents for conducting enquiry. However, everything came to a grinding halt and the petitioner has been trying to repeatedly approach the respondents to get the appeal heard and orders passed. Since none of the efforts taken by the petitioner was yielding any result, the present writ petition has been filed before this Court seeking appropriate directions.

5. Heard Mr.K.Ashok Kumar, learned counsel for the petitioner and Mr.Manigopi, learned Government Advocate, appearing on behalf of the respondents 1 and 2.

6. Taking into consideration the facts and circumstances of the case and also the fact that the appeal has been pending on the file of first respondent/District Revenue Officer for unduly a long period, there shall be a direction to the first respondent/DRO to dispose of the appeal dated 02.03.2012 filed by the petitioner/temple and deal with the same strictly in accordance with law and pass final orders, within a period of six weeks from the date of receipt of a copy of this order.

7. The first respondent shall issue notice to the petitioner/ temple as well as the respondents 3 to 5 and give them sufficient opportunity at the time of conducting enquiry, before passing the final orders.

8. The petitioner is directed to give a fresh representation to the first respondent along with all the relevant documents and a copy of this order.

9. This writ petition is disposed of with the above directions. Consequently, connected miscellaneous petition is also closed. No costs.

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

1. The District Revenue Officer, Ariyalur, Ariyalur District.

2. The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

+1cc to Mr.Ashok Kumar, Advocate in SR.NO..30582 W.P.No.13020 of 2020 and WMP. No.16133 of 2020 MG(CO) RV(06/10/2020)