S.Chithra v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.Chithra W/o.Sadhanandhan ... Petitioner versus 1.The Revenue Divisional Officer, Revenue Divisional Office, New Town, Vaniyambadi, Thirupathur District, Pin Code : 635 752.

2.The Tahsildhar, Tahsildhar Office of the Vaniyambadi Taluk, Thirupathur District, Pin Code : 635 752.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to cancel the Patta issued wrongly connected to Survey No.364/1 I, Alangayam Village, Vaniyambadi Taluk, Thirupathur District on the basis of the petitioner's representation dated 24.09.2023.

Pg.Nos.1/5

For Petitioner :

Mr.G.Dhanasekaran For Respondents :

Ms.Akila Rajendran Government Advocate

O R D E R

Ms.Akila Rajendran, learned Government Advocate accepts notice for the respondents. By consent of both parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for a mandamus directing the respondents herein to consider the representation of the petitioner dated 24.09.2023., in and by which, she sought to cancel the Patta issued wrongly connected to Survey No.364/1 I, Alangayam Village, Vaniyambadi Taluk, Thirupathur District.

3. The main grievance of the petitioner is that even though the representation has been made on 24.09.2023, till date the respondents have not taken any action on the said representation. Pg.Nos.2/5

4.Despite a Circular dated 17.07.2023 having been issued by the Commissioner of Land Administration in Circular No.R1/2005632/2022, in which, time limit is fixed as six months to dispose of the application/revision/ representation/appeal, based on the directions issued by this Court in a batch of writ petitions in W.P.No.262 of 2018 [D.Tulasi Vs. The District Revenue Officer, Dharmapuri] etc., the authority concerned has neither followed the directions of this Court nor the Circular dated 17.07.2023. Since time limit has been fixed for disposal of the same, if the authority concerned has received an application/revision/ representation/appeal, he has to process the same and fix an enquiry date, but cannot kept the same pending. In the present case, the petitioner has given the representation on 24.09.

2023, but till date, the petitioner has not received any communication/notice from the authority concerned. Therefore, the petitioner approached this Court. 5.This Court, at this stage, is not expressing any view on the merits of the matter, as it is for the respondents 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 representation, this Writ Petition is Pg.Nos.

disposed of, directing the respondents to consider the representation of the petitioner dated 24.09.2023 and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the rival claimants / interested parties if any, and after conducting enquiry, within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023. There shall be no order as to costs. 05.01.2024 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.The Revenue Divisional Officer, Revenue Divisional Office, New Town, Vaniyambadi, Thirupathur District, Pin Code : 635 752.

2.The Tahsildhar, Tahsildhar Office of the Vaniyambadi Taluk, Thirupathur District, Pin Code : 635 752.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 05.01.2024 Pg.Nos.5/5