Zuari Cement Ltd, v. Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.07.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.23776 of 2016 Zuari Cement Limited, S.No.87/1,2,3,90,93/5,112/3,115/9 etc., Athipattu Village, Chennai - 600 120 rep by its Senior Manager HR, C.Sagayam ... Petitioner Vs.

1.The Revenue Divisional Officer, 2.The Tahsildar, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus directing the 1st respondent to consider the representation dated 26.05.2016 and fix a date for hearing and to dispose the case before him vide Na.Ka.886/2013/A1 within a time frame.

For Petitioner : Mr.S.Rajmakesh For Respondents: Mr.R.Govindasamy, Special Government Pleader.

O R D E R

By consent, this writ petition is taken up for final disposal.

2. The petitioner claims that he has purchased a land by way of various sale deeds and also through the lease granted by the Government to the total extent of plant is 28 acres and 85 cents. The petitioner claims to be in possession and enjoyment of the same and revenue records are muted in the name of the

petitioner. The petitioner would state that one Ulaganathan filed a petition before the second respondent with regard to the transfer of patta in respect of Athipattu Village, in survey Nos.95/2A1 & 95/2C1 before the first respondent, who in turn, issued several notices to the petitioner, calling upon him for enquiry and the last notice was issued on 23.04.2015 mentioning the date of hearing as 11.05.2015 and on that date, a representative of the petitioner has also appeared for enquiry. The grievance expressed by the petitioner is that thereafter no notices whatsoever have been received from the first respondent mentioning the date of enquiry and therefore, a representation dated 26.05.2016 was also submitted to the first respondent for fixing an earlier date for concluding the enquiry and also the copy of the original petition and since no response is forthcoming, came forward to file this writ petition.

3. Heard the submissions of the learned counsel appearing for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader, who accepts notice on behalf of the respondents.

4. This Court, taking into considering the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the first respondent to consider and dispose of the petitioner's representation dated 26.05.2016 on merits and in accordance with law after putting on notice to Mr.M.Ulaganathan and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well to Mr.N.Ulaganathan. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vsm To 1.The Revenue Divisional Officer,

2.The Tahsildar, +1cc to Mr.Mr.S.Rajmakesh, Advocate, S.R.No.38606 +1cc to the Government Pleader, S.R.No.39159 Writ Petition No.23776 of 2016 rv[co] srg 26/07/2016