P.Anunthini v. The Revenue Divisional Officer Cum Sub Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI P.Anunthini ... Petitioner .Vs.

1.The Revenue Divisional Officer cum Sub Collector, Satchiyapuram, Sivakasi, Viruthunagar District.

2.The Tashildar, Sivakasi, Viruthunagar District.

3.The Village Administrative Officer, Enjar Village, Sivakasi, Viruthunagar District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to expedite the enquiry with regard to the patta cancellation proceedings and pass the suitable orders based on the petitioner's representation letter dated 09.12.2024 in respect of the land in S.No.1184, Enjar Village, Sivakasi, Viruthunagar District, within a time frame fixed by this Court to the proceedings in Na.Ka.No.Aa/1/4/440/2024. 1/5

For Petitioner : Mr.R.Jagadeeshwaran For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.The writ petition itself is taken up for final disposal, considering the limited scope of the relief sought for. 3.The petitioner seeks to expedite the enquiry with regard to the patta cancellation proceedings, which was requested by him, based on his representation letter, dated 09.12.2024, in respect of S.No.1184, Enjar Village, Sivakasi, Viruthunagar District. 4.According to the petitioner, when the taluk office was about to act on the request of the petitioner for mutation of revenue records, the said request was opposed by the current patta holder, who, according to 2/5

the petitioner, has no right in the property that has been purchased by the petitioner. Be that as it may, the second respondent having already completed the field enquiry and submitted his report, it is now incumbent on the first respondent to pass orders on merits. The grievance of the petitioner is that the first respondent has not fixed any date of enquiry and hence, he has approached this Court for issuance of a writ of mandamus.

5.The learned Additional Government Pleader appearing for the official respondents would submit that the representation is only dated 09.12.2024 and only on 31.12.2024, the second respondent has completed the field enquiry and therefore, the first respondent would be passing orders on merits and in accordance with law, within a reasonable period of time subject to such time being granted by this Court.

6.Considering the limited scope of the writ petition and also the arguments of the learned counsel on either side, I am inclined to issue a mandamus, directing the first respondent to conduct an enquiry based 3/5

on the petitioner's representation, dated 09.12.2024 and the report of the second respondent, pursuant to the field enquiry conducted on 31.12.2024, within a period of twelve weeks from the date of receipt of a copy of this order. The first respondent shall also afford an opportunity of hearing Mr.Jeyaprakash, who is objecting to the mutation in favour of the petitioner.

7.Accordingly, this Writ Petition is allowed on the above terms. No costs.

Index:Yes/No 04.02.2025 Internet:Yes/No NCC:Yes/No sji To 1.The Revenue Divisional Officer cum Sub Collector, Satchiyapuram, Sivakasi, Viruthunagar District.

2.The Tashildar, Sivakasi, Viruthunagar District.

3.The Village Administrative Officer, Enjar Village, Sivakasi, Viruthunagar District.

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P.B.BALAJI,J.

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