G.Ratthinakumar v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.27836 of 2024 and WMP.No.30347 of 2024 G.Ratthinakumar

...Petitioner

Vs.

1. The Revenue Divisional Officer, Pollachi, Coimbatore District.

2. The Tahsildhar, The Tahsildhar Office, Pollachi, Coimbatore District.

3. District Revenue Officer, District Revenue Office, Pollachi, Coimbatore District.

4. V.Lingaraj

5. V.Anand Subramaniyam ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent/District Revenue Officer, Coimbatore District, to pass orders on considering the petitioner's review appeal petition dated 24.04.2023. 1/5

For Petitioner : Mr.A.Kumar For R1 to R3 : Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the third respondent/District Revenue Officer, Coimbatore District, to consider his review appeal petition dated 24.04.2023, challenging the order passed by the firs respondent dated 24.03.2023.

2. By consent of both the learned counsel appearing for the petitioner as well as respondents 1 to 3, this writ petition is disposed of at the admission stage itself.

3. There is a dispute between the petitioner and the private respondents 4 and 5 regarding formation of water channel in respect of the petitioner's land survey No.39/2, 31, 32, 30, 26, 27, 28 and 55/1C comprising a total extent of 19.45 acres. The fourth respondent submitted a representation before the second respondent seeking formation of water channel, which was allowed by order dated 31.03.2022. Aggrieved by the same, the petitioner filed an appeal 2/5

before the first respondent and the same was disposed by order dated 24.03.2023. Challenging the same, the petitioner filed a revision bearing No.10127 of 2023 before the third respondent and the same has not been considered till date. Therefore, the petitioner is before this Court.

4. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents 1 to 3 would submit that the revision petition of the petitioner will be considered on its own merits and appropriate orders will be passed.

5. In view of the above submission made by the learned Special Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the third respondent to consider the revision petition filed by the petitioner dated 24.04.2023 and pass final orders, on merits and in accordance with law, after affording opportunity to the petitioner as well as respondents 4 & 5 and any other interested parties, within a period of twelve weeks from the date of receipt of a copy of this order.

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6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 23.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To

1. The Revenue Divisional Officer, Pollachi, Coimbatore District.

2. The Tahsildhar, The Tahsildhar Office, Pollachi, Coimbatore District.

3. District Revenue Officer, District Revenue Office, Pollachi, Coimbatore District.

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S. SOUNTHAR, J.

av W.P No.27836 of 2024 23.09.2024 5/5