Thangapandi v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Thangapandi ... Petitioner Vs.

1.The District Revenue Officer, O/o.The District Revenue Officer, Dindigul District.

2.The Revenue Divisional Officer, Dindigul District, Dindigul.

3.The Tahsildar, Nilakottai Taluk, Dindigul.

4.Arulmigu Gurunathar Swami Temple, Rep by its Executive Officer, Nilakottai, Nilakottai Taluk, Dindigul District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent No.1 to dispose of the revision petition dated 19.01.2022 filed under Section 13 of the Tamil Nadu Patta Pass Book Act, 1983. For Petitioner : Mr.T.Lajapathi Roy For R1 to R3 : Mr.T.Amjad Khan Government Advocate For R4 : Mr.K.Guhasseelarupan Standing Counsel

O R D E R

This writ petition has been filed seeking for a Mandamus to direct the respondent to dispose of the revision petition, dated 19.01.2022, filed under Section 13 of the Tamil Nadu Patta Pass Book Act, 1983 and pass appropriate orders within a time frame to be fixed by this Court.

2.It is the case of the petitioner that the aforementioned revision petition has been filed on 19.01.2022, but despite the same, no further progress has been shown by the official respondent, who has to pass orders. In such circumstances, this writ petition has been filed.

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3.Heard Mr.T.Lajapathi Roy, learned counsel for the petitioner, Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents 1 to 3 and Mr.K.Guhaseelarupan, learned Standing Counsel, who accepts notice on behalf of the fourth respondent.

4.On instructions, learned Standing Counsel for the fourth respondent would submit the fourth respondent is not aware of the aforementioned revision petition filed by the petitioner and till date the fourth respondent has not received any notice from the official respondent, who has to pass orders in the said revision petition. It is also represented by the learned counsel for the fourth respondent that the fourth respondent Temple has to be represented by a fit person of the Temple and not by the Executive Officer. Therefore, the petitioner is directed to amend the cause title of the revision petition.

5.The learned counsel for the petitioner, on instructions, would submit that the petitioner would furnish a copy of the revision petition to the fourth respondent Temple, within a period of one week from the date of receipt of a copy of this order. 6.No prejudice would be caused to the respondents, if the revision petition dated 19.01.2022 filed by the petitioner under Section 13 of the Tamil Nadu Patta Pass Book Act, 1983 is disposed of within a time frame to be fixed by this Court. Further it is made clear that the fourth respondent must be given sufficient opportunity to put-forth their contentions in the revision petition dated 19.01.2022 filed by the petitioner under Section 13 of the Tamil Nadu Patta Pass Book Act, 1983.

7.After hearing the submissions made by the respective counsels, this Court directs the first respondent to dispose of the revision petition dated 19.01.2022 filed by the petitioner under Section 13 of the Tamil Nadu Patta Pass Book Act, 1983, on merits and in accordance with law, after affording sufficient opportunity to all the respondents, including the fourth respondent to put-forth their respective contentions, within a period of six months from the date of receipt of a copy of this order.

8.With the aforesaid direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

Ns To 1.The District Revenue Officer, O/o.The District Revenue Officer, Dindigul District.

2.The Revenue Divisional Officer, Dindigul District, Dindigul.

3.The Tahsildar, Nilakottai Taluk, Dindigul.

+1 CC to M/s.SPL GP ( SR-4723[F] dated 08/02/2022 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-4912[F] dated 09/02/2022 ) +1 CC to M/s.C.GUHASEELARUPAN, Advocate ( SR-4571[F] dated 07/02/2022 ) 07.02.2022 SMV(CO) KB(21.02.2022) 3P 7C 3/3