Madras High CourtWP(MD)/830/2024disposed of

P.Sivakami v. The District Revenue Officer

2024-01-12Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD)No.830 of 2024 P.Sivakami ... Petitioner -VsThe District Revenue Officer, Madurai District, Madurai.

... Respondent PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondent to complete the enquiry and pass orders pertaining to his proceedings in Na.Ka.No.G5/E:1569359/2023 within the time stipulated as fixed by this Court.

For Petitioner : Ms.G.Innisai For Respondent : Mr.SRA.Ramachandran Addl. Govt. Pleader 1/5

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus directing the respondent to complete the enquiry and pass orders pertaining to his proceedings in Na.Ka.No.G5/E:1569359/2023 within the time stipulated as fixed by this Court.

2. Mr.SRA.Ramachandran, learned Additional Government Pleader takes notice for the respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the subject mater property originally belonged to the petitioner's father in law. However, at the time of UDR scheme, erroneously, the name of one Late P.Thirupathi was entered. Hence, the petitioner filed a petition dated 23.11.2023 before the respondent. The respondent issued enquiry notice by fixing the enquiry date as 29.12.2023. On that date, the legal heirs of the said Late P.Thirupathi were appeared and sought adjournment. Hence, the enquiry was adjourned. The legal heirs of the said Thirupathi told the petitioner that they will not 2/5

allow to complete the enquiry within the life time of the petitioner. Hence, the petitioner has filed the present writ petition.

4. The learned counsel for the petitioner would submit that the petitioner is aged about 78 years and she underwent heart surgery during the year 2015 and she is continuously taking treatment. Hence, it is just and necessary to direct the respondent to complete the enquiry.

5. The learned Additional Government Pleader appearing for the respondent would submit that the respondent is ready to complete the enquiry as prayed for by the petitioner within the time fixed by this Court.

6. In view of the above submission, this Court directs the respondent to complete the enquiry in Na.Ka.No.G5/E:1569359/2023 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period eight weeks from the date of receipt of a copy of this order. 3/5

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

12.01.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn To The District Revenue Officer, Madurai District, Madurai.

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V.BHAVANI SUBBAROYAN, J.

skn Writ Petition (MD)No.830 of 2024 12.01.2024 5/5