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Madras High CourtWP(MD)/3617/2025disposed of

Ganesan v. The District Revenue Officer

2025-02-07Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2025

CORAM:

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

1. The District Revenue Officer, District Revenue Office, Collectorate Building, Theni District 625531.

2. The Revenue Divisional Officer, Thasildar Nagar, Thamaraikulam, Periyakulam, Theni District 625 605.

3. The Tahsildar, Taluk Office, Andipatti Taluk, Theni District 624 225.

4. The Firka Surveyor, Taluk Office, Andipatti Taluk, Theni District 624 225.

5. Geetha ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to take 1/5

up the unnumbered stay Application in unnumbered Review Petition dated 03.02.2025 filed by the Petitioner against the Order passed by the 2nd respondent in Pa.Mu.No. 1147/2024/A2, dated 23.10.2024 and to dispose of the same within a stipulated period of time as fixed by this Court and further forbearing the respondents 2 and 3 from conducting survey and demarcation in respect of the land bearing S.No. 24/3, situated at Andipatti Taluk, Theni District.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.B.Saravanan(R1-R4) Additional Government Pleader Mr.P.R.Prithiviraj (R5)

ORDER

The petitioner seeks limited relief of issuance of writ of mandamus to direct the first respondent to take up the unnumbered stay Application in unnumbered Review Petition, dated 03.02.2025, which has been filed by the petitioner challenging the order of the 2nd respondent, dated 23.10.2024

2. Considering the limited scope of the prayer sought for in the writ petitioner, by consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 2/5

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

4. Admittedly, the petitioner has preferred a revision before the first respondent. Along with the revision, he has also filed an application for stay. The grievance of the petitioner is that the said stay application is not being taken up by the first respondent. 5.The 5th respondent represented by a counsel submitted that there are certain documents, which have to be placed before the Court to elicit the correct position.

6.However, I am not inclined to hear the writ petition on the merits, since the petitioner himself wants only a limited direction to the first respondent to take up the stay application and pass orders thereon. 7.In view of the same, this writ petition stands disposed of with a direction to the first respondent to consider the petitioner's stay 3/5

application expeditiously, after affording opportunity to the 5th respondent as well as the applicant and dispose of the same on merits in accordance with law, within a period of 30 days from the date of receipt of copy of this order. No costs.

Index : Yes / No NCC : Yes / No 07.02.2025 PNM TO:-

1. The District Revenue Officer, District Revenue Office, Collectorate Building, Theni District 625531.

2. The Revenue Divisional Officer, Thasildar Nagar, Thamaraikulam, Periyakulam, Theni District 625 605.

3. The Tahsildar, Taluk Office, Andipatti Taluk, Theni District 624 225.

4. The Firka Surveyor, Taluk Office, Andipatti Taluk, Theni District 624 225.

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P.B. BALAJI , J.

PNM ORDER IN 07.02.2025 5/5