M. Sethuraman v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI M.Sethuraman ... Petitioner /Vs./ The District Revenue Officer, O/o.District Revenue Officer, Tiruchirappalli.

... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to complete the enquiry in Na.Ka.Aa 5/18913/2018 and mutate patta for S.o.73/2 and 45/3 of Karaipatti Village, Marungapuri Taluk, Tiruchrappalli District in the name of the petitioner.

For Petitioner : Mr.Raguvaran Gopalan For Respondent : Mr.S.Kameswaran Government Advocate

ORDER

The petitioner seeks issuance of writ of mandamus to direct the respondent to complete the enquiry in Na.Ka.Aa 5/18913/2018 and 1/5

consequently mutate patta in respect of survey No.73/2 and 45/3 of Karaipatti Village, Marungapuri Taluk, Tiruchrappalli District in the name of the petitioner.

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

3. I have heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. The petitioner's father one Muthusamichettiar was owning lands measuring 0.45.5 hectares in S.No.73/2 and the lands measuring 0.21.5 ares in S.F.No.45/3 situated at Karaipatti Village, Marungapurai Taluk, Tiruchirappalli District. The said Muthusamichettiar had executed a last Will bequeathing the subject lands to the petitioner by a registered Will dated 17.06.2002. Subsequently, the father of the petitioner died on 16.07.2002 and thereby, the said Will came into effect and the petitioner became entitled to the subject properties. In order to mutate the patta in his name, the petitioner has 2/5

approached the Revenue Divisional Officer and has made an application for mutation of entries in the petitioner's name. The Revenue Divisional Officer has conducted an enquiry and also recommended the mutation in favour of the petitioner way back on 19.07.2018. However, for reasons not known, the said proceedings are kept pending for more than 7 years and hence, the petitioner seeks a direction to the respondent to complete the enquiry expeditiously.

5. I am unable to understand as to why, despite the recommendation having been forwarded to the respondent as early as on 19.07.2018, the respondent has not completed the enquiry and pass final orders. The petitioner is already 71 years and he cannot be made to wait endlessly, especially, when the application is based on a registered will from his own father. Therefore, in the light of the above, the respondent shall take immediate steps to complete the enquiry in Na.Ka.Aa 5/18913/2018 based on the recommendation of the District Revenue Officer in Na.Ka.A3/333/2018, dated 19.07.2018 within a period of four weeks from the date of receipt of a copy of this order. 3/5

6. With the above direction, the writ petition is disposed. No costs.

Index : Yes / No NCC : Yes / No 05.02.2025 am TO:- The District Revenue Officer, Tiruchirappalli.

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P.B. BALAJI , J.

am Order made in Dated:

05.02.2025 5/5