P.Natarajan,S/O.Late v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No.5621 of 2018 P.Natarajan ... Petitioner Vs.

1. The District Revenue Officer, Madurai District, Madurai.

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

3.Kandasamy 4.Suseela 5.Amma Pillai 6.Sivakami 7.Padmanabhan ... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Mandamus directing the first respondent to dispose the Case No.2782/2016, transferred by the second respondent in proceedings in Moo.Moo.No.2078/2010/K dated 25/12/2015 within stipulated time.

For Petitioner : Mr.S.Sankar For R1 & R2 : Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

This writ petition has been filed seeking direction to the first respondent to dispose the Case No.2782/2016, transferred by the second respondent in proceedings in Moo.Moo.No.2078/2010/K dated 25.12.2015.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2. Since the order to be passed is no way prejudicial to the interest of the respondents 3 to 7, notice to the respondents 3 to 7 is dispensed with.

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3.According to the petitioner, the Government has allotted a land in S.No.99/4, to an extent of 2 acres 50 cents in T.D.No.1423 as Thotti Maniyam in favour of the petitioner and in the 'A' register also, the above land has been classified as Thotti Maniyam. While so, during UDR scheme, patta in respect of the above land has been wrongly given in favour of the respondents 3 to 7. In the above circumstances, the petitioner has approached the second respondent to rectify the said mistake. When it was not considered, the petitioner has approached this Court by way of filing a writ petition in WP(MD)No.13505 of 2009 and this Court, by the order dated 18.12.2009, directed the second respondent to consider the petitioner's representation dated 12.09.2009. Subsequent to the order passed by this Court, the Revenue Divisional Officer, Madurai has sent the entire records to the first respondent on 25.12.2015, enabling him to conduct enquiry. But, so far no order has been passed. Hence, this writ petition has been filed.

4.Considering the fact that the petitioner's representation is pending with the first respondent, the first respondent is directed to consider the petitioner's representation in Case No.2782/2016, transferred by the second respondent in proceedings in Moo.Moo.No.2078/2010/K dated 25.12.2015 and pass suitable orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as respondents 3 to 7.

5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The District Revenue Officer, Madurai District, Madurai.

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

+ 1 cc TO Mr.P.Arun Jayatram , Advocate in SR No. 56207 + 1 cc TO The Special Government Pleader in SR No. 56273 mj AE/SKN RSK/SAR4/04.04.2018/2P/5C WP(MD)No.5621 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 16.03.2018