R.Nagabushnam v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH R. Nagabushanam

...Petitioner

Vs The District Revenue Officer, Tiruvallur District, Office of the District Collector, Collectorate, Chinna Ekkadu, Jaya Nagar, Master Plan Complex, NH-205, Tiruttani Road, Tiruvallur - 602 001.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to consider and dispose of the petitioner' Revision Petition dated 27.12.2017 within a stipulated time fixed by this Hon'ble Court and consequently, direct the respondent District Revenue Officer, Tiruvallur District, to cancel the illegal proceeding in Na.Ka.No.1436/2017/A2 dated 01.12.2017 passed by the Revenue Divisional Officer, Tiruttani Revenue Division and to restore/issue the Patta No.4884 in the name of petitioner house site in Old S.No.25/1, New S.No.25/3, now subdivided as S.No.25/3A6 measuring about to an extent of 2 cents out of 14 cents situated at, Tiruttani Town and Taluk, Tiruvallur District. 1/4

For Petitioner : Mr.R. Anandha Babu For Respondent : Mr.P. Sathish, Additional Government Pleader

ORDER

Mr.P. Sathish, learned Additional Government Pleader, takes notice for the respondent. With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner had preferred a Revision Petition dated 27.12.2017 before the respondent. Subsequently, the respondent passed the enquiry summon dated 02.07.2021, for which, the petitioner submitted his written arguments on 19.07.2021. Since there was no further progress on the same, the present Writ Petition has been filed.

3. It is needless to point out that whenever a revision petition is preferred before the Revisional Authority, there is a duty cast on them to dispose of the revision petition expeditiously. Non-compliance of such a responsibility would amount to dereliction of duties and this Court would be justified in directing the authority to dispose of the revision petition 2/4

within a stipulated time, in exercise of its powers under Article 226 of Constitution of India.

4. In the light of the above observations, there shall be a direction to the respondent herein to dispose of the petitioner's revision petition dated 27.12.2017, if not already disposed of, after giving due opportunity to the petitioner, as well as all the other persons who may be interested in the subject property, on its own merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

31.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To The District Revenue Officer, Tiruvallur District, Office of the District Collector, Collectorate, Chinna Ekkadu, Jaya Nagar, Master Plan Complex, NH-205, Tiruttani Road, Tiruvallur - 602 001. 31.03.2023 4/4