Fasrin Ibrahim v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA Fasrin Ibrahim ... Petitioner Vs.

1. The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

2. The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

3. Luthupullah Khan

4. Riswana Begam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to conclude the pending enquiry and pass orders inn appeal proceedings in Na.Ka.A6/100/2024 with in a time frame as fixed by this Court.

For Petitioner : Mr.K.Radhakrishnan For R1 & R2 : Mr.R.Raghavendran Government Advocate

O R D E R

The writ petition is filed for a writ of mandamus directing the first respondent to conclude the pending enquiry and pass orders in the appeal proceedings in Na.Ka.A6/100/2024 within a time frame to be fixed by this Court.

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2. With consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner aggrieved by the transference of patta in Patta Nos.13, 1787 and Patta No.2679 in favour of the respondents 3 and 4 submitted a representation on 30.11.2020 and 19.12.2020 to the first respondent and higher officials. The petitioner filed WP(MD)No.8444 of 2021, and the same was disposed of vide order dated 19.12.2020, directing the petitioner to make a fresh representation to the second respondent along with relevant documents and a copy of the representation dated 19.12.2020. This Court further directed the second respondent to issue notice to the petitioner and the respondents 5 and 6 therein, conduct an enquiry and take a decision on merits and in accordance with law. The petitioner in pursuance of the said order of this Court, submitted a fresh representation on 05.01.2024, before the first respondent.

In pursuance of the petitioner's representation dated 05.01.2024, the first respondent issued enquiry notice on 24.01.2024, 16.02.2024 and 22.04.2024. The petitioner participated in the said enquiry. Even after a lapse of one year, the enquiry was not concluded and therefore, the petitioner filed the above writ petition for the aforesaid relief.

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4. The learned Government Advocate appearing for the respondents 1 and 2, on instructions, submitted that enquiry has been completed and final orders are to be passed on the petitioner's appeal proceedings. The learned Government Advocate therefore seeks three weeks time to pass final orders in the petitioner's appeal.

5. In the light of the said submission of the learned Government Advocate, a direction is issued to the first respondent to pass final orders on merits and in accordance with law in the petitioner's appeal within a period of three weeks from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. No costs. 29.01.2025 NCC:yes/no Index:yes/no Internet:yes/no CM To:

1. The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

2. The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

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N.MALA, J.

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