Gunasekaran v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Gunasekaran ... Petitioner Vs.

1. The Revenue Divisional Officer Namakkal

2. The Tahsildar Rasipuram Taluk Namakkal District ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to include the petitioner's name in Patta No.36 on the file of the 2nd respondent for agricultural land comprised in S.No.58/1, 58/3A, 59/2A, situated at Tengalpalayam, Rasipuram Taluk, Namakkal District, pursuant to petitioner's representation dated 18.04.2023. For Petitioner : Mr.M.Subash For Respondent Mr.R.Vigneshwaran Government Advocate 1/5

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the respondents to include the petitioner's name in Patta No.36 on the file of the 2nd respondent for agricultural land comprised in S.No.58/1, 58/3A, 59/2A, situated at Tengalpalayam, Rasipuram Taluk, Namakkal District, pursuant to petitioner's representation dated 18.04.2023.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the respondents to consider the petitioner's representation dated 18.04.2023.

3. Mr.R.Vigneshwaran, learned Government Advocate takes notice for the respondents.

4. It is to be noted that this Court, in W.P.No.262 of 2018 (D.Tulasi vs. The District Revenue Officer, Dharmapuri etc. and batch), by order dated 09.06.2023, directed the Department to issue circular in regard to disposal of the application/petition/revision/appeals and etc., within time limit and obey the Court orders and in that regard, the Commissioner of Land 2/5

Administration has also issued a circular No.R1/2005632/2022 dated 17.07.2023 as to how the matters have to be dealt with and within the period of which, the matters have to be disposed of has been fixed in the circular and inspite of the same, the Departments are not following either the order of this Court or the circular.

5. This writ petition is filed only for issuance of a simple writ of mandamus to direct the respondents to consider the petitioner's representation dated 18.04.2023. Therefore, without going into the merits of the case, this Court directs the respondents to consider the petitioner's representation dated 18.04.2023 if already not considered and issue notice to the petitioner and to the interested parties/rival claimants/objectors if any as the case may be and conduct enquiry in the manner known to law and pass orders in accordance with the law and dispose of the petitioner's representation within the time as stipulated in the said circular.

6. With the above directions, the Writ Petition is disposed of at the admission stage itself. No costs.

12.01.2024 ksa-2 Index : Yes / No 3/5

To

1. The Revenue Divisional Officer Namakkal

2. The Tahsildar Rasipuram Taluk Namakkal District 4/5

P.VELMURUGAN. J.

Ksa-2 12.01.2024 5/5