P.M. Dasarathan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.07.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.28461 of 2015 and W.M.P.No.1680 of 2018 and M.P.Nos.1 & 2 of 2015 P.M.Dasarathan ..Petitioner vs 1.The Secretary to Government, Revenue Department, Fort St.George, Chennai-600 009.

2.The District Collector, 3.The District Revenue Officer, 4.The Tahsildar, Ambattur Taluk, Tiruvallur District.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the 3rd respondent in R.C.B3/2146/2012 dated 25.09.2014 and quash the same and consequently direct the respondents to rectify the wrong entries made during updating registry scheme in S.No.448/7, 448/8 by taking note of the report filed by the Village Administrative Officer [V.A.O] and Revenue Officer, Morail Taluk, Tahsildar Ambattur and also the report and recommendations of Revenue Divisional Officer, Ambattur dated 05.07.2012 in proceedings Na.Ka.No.821/2012/A5 and to issue patta in the name of the petitioner for the lands in S.Nos.448/7, 448/8 within a stipulated period.

For Petitioner : Mr.M.Loganathan For Respondents : Mr.D.Raghu, Government Advocate

O R D E R

The order passed by the 3rd respondent in proceedings dated 25.09.2014 is under challenge in this writ petition.

2. The learned counsel appearing on behalf of the writ petitioner made a submission that in order to rectify certain wrong entries in the revenue records, the application was submitted by the writ petitioner and the same was rejected by the 3rd respondent.

3. However, the learned Government Advocate appearing on behalf of the official respondents brought to the knowledge of this Court that the writ petitioner has already preferred an appeal before the 1st respondent on 15.12.2014 itself and the said appeal is pending till date. The 1st respondent is the appellate authority and empowered to decide the matter on merits and in accordance with law.

4. This being the factum of the case, the 1st respondent is directed to consider the appeal submitted by the writ petitioner on 15.12.2014 and pass order on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

5. The writ petition stands disposed of with the above observation. No costs. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True copy// Sub Assistant Registrar sk To 1.The Secretary to Government, Revenue Department, Fort St.George, Chennai-600 009.

2.The District Collector,

3.The District Revenue Officer, 4.The Tahsildar, Ambattur Taluk, Tiruvallur District.

+1cc to Mr.M.Loganathan, Advocate SR.No.47381 +1cc to Government Pleader SR.No.48467 W.P.No.28461 of 2015 AK(CO) GN(09/08/2018)