Y.Stella v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.No.35215 of 2023 1.Y.Stella W/o.Kennedy Babu 2.Kennedy Babu S/o.C.Chengaiya ... Petitioners versus 1.The District Revenue Officer, Ranipet District, Ranipet.

2.The Revenue Divisional Officer, Arakkonam, Ranipet District.

3.The Tahsildar, Arakkonam Taluk, Arakkonam.

4.K.Raja 5.Sulochana .....Respondents Pg.Nos.1/5

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the first respondent to dispose of the Revision Petition dated 17.08.2022 within the time fixed by this Court. For Petitioners :

Mr.P.Krishnan For Respondents :

Mr.A.Selvendran Special Government Pleader, for R1 to R3

O R D E R

Mr.A.Selvendran, learned Special Government Pleader accepts notice for respondents 1 to 3. Since this writ petition is being disposed of without passing any adverse orders against respondents 4 and 5, affecting their interest, notice to those respondents is dispensed with.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the first respondent to dispose of Revision Petition dated 17.08.2022.

3. It is seen that the petitioners have applied for mutation of Revenue Records in respect of the subject properties before the third respondent, Pg.Nos.2/5

however, the third respondent has issued Patta measuring an extent of 1720 sq.ft instead of 1856 sq.ft. Aggrieved over the same, the petitioners filed a petition before the District Collector, Vellore, which was forwarded to the second respondent. While so, the second respondent, by letter dated 10.10.2020, intimated the petitioners that they have to get approval from the DTCP and the rectification deed has to be produced for issuance of Patta. Aggrieved over the same, the petitioner preferred a revision dated 17.08.2022 before the first respondent, but till date, the first respondent has not disposed of the said revision.

4. This Court, at this stage, is not expressing any view on the merits of the matter, as it is for the first respondent to consider and decide the same on merits and in accordance with law. Since the limited prayer sought for in this writ petition is for disposal of the revision, this Writ Petition is disposed of, by directing the first respondent to dispose of the revision dated 17.08.2022 on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as respondents 4 and 5 and the rival claimants / interested parties, if any. Such exercise shall be done Pg.Nos.3/5

by the first respondent within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.

5. W.M.P.No.35215 of 2023 is ordered on payment of separate Court fees by each of the petitioners.

02.01.2024 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.The District Revenue Officer, Ranipet District,Ranipet.

2.The Revenue Divisional Officer, Arakkonam, Ranipet District.

3.The Tahsildar, Arakkonam Taluk, Arakkonam.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 02.01.2024 Pg.Nos.5/5