Duraisamy .N v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN N.Duraisamy ... Petitioner vs.

1.The District Revenue Officer, Thoothukudi District, Thoothukudi.

2. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3. The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

4. Karunagaran ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the first respondent to pass final order based on the petitioner's appeal dated 14.11.2023 within the time limit that may be stipulated by this Court. For Petitioner : Mr.A.D.Ganeshamoorthi For R1 to R3 : Mr.SRA.Ramachandran Additional Government Pleader 1/5

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to pass final order on the petitioner's appeal dated 14.11.2023.

2. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, even though the second respondent is not at all a competent authority to make a correction in the UDR Scheme, the second respondent wantonly conducted an enquiry on 31.08.2023 and cancelled his patta with regard to S.No.240/4A1 and 240/4A2 and ordered to issue joint patta. Hence, he has preferred an appeal before the first respondent on 14.11.2023 and sought to set aside the second respondent's proceedings dated 06.11.2023 and to restore his earlier patta. After receipt of the same, the first respondent has not taken any steps to dispose of the appeal. Hence, the present writ petition has been filed.

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4. The learned Additional Government Pleader appearing for the respondents would submit that the said appeal is pending before the first respondent and after conducting enquiry, they will pass appropriate orders.

5. Considering the above said submission, this Court directs the first respondent to pass appropriate orders on the petitioner's appeal dated 14.11.2023, on merits and in accordance with law, after issuing notice to all the parties concerned, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

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To 1.The District Revenue Officer, Thoothukudi District, Thoothukudi.

2. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3. The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

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V.BHAVANI SUBBAROYAN ,J.

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