P.Ramasamy Gounder v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.14004 of 2019 P.Ramasamy Goundar

...Petitioner

-Vs1.The District Revenue Officer, District Revenue Office, Dindigul District.

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

3.The Tahsildar, Taluk Office, Oddanchathiram, Dindigul District.

4.K.Karuppasamy 5.R.Karuppasamy

...Respondents

Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondent No.1, to dispose the petitioner's Revision Petition dated 18.08.2018 and consequently, direct the Respondent No.1 to cancel the patta granted in favour of the respondent No.4 and 5 by wrong sub-division in survey No.377 in an extent of 1 Acre 66 cents and in Survey No.379 in an extent of 2 Acres 58 cents and in Survey No.381 in an extent of 1 Acre 60 Cents and in Survey No.389/3A in an extent of 1 Acre 67 Cents respectively situated at Ambilikai Village, Ottanchathiram Taluk, Dindigul District. For Petitioner : Mr.T.Thirumurugan For R1 to R3 : Mr.P.Kannithevan, Additional Government Pleader

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the first respondent to dispose the petitioner's Revision Petition dated 18.08.2018 and for a consequential direction to the first respondent to cancel the patta granted in favour of the respondents 4 and 5 by wrong sub-division in the survey numbers situated at Ambilikai Village, Oddanchathiram Taluk, Dindigul District.

2.Heard Mr.T.Thirumurugan, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader appearing for the official respondents. 3.Since no adverse order is going to be passed against the 4th and 5th respondents, notice to them is dispensed with. 4.With regard to the grievance of the petitioner that the joint patta wrongly given by the Tahsildar concerned, the petitioner preferred a revision before the first respondent / District Revenue Officer, vide revision petition dated 18.08.2018. However, the same, so far, has not been disposed of by the first respondent on merits. Hence, the petitioner is before this Court with the above said prayer.

5. I have heard Mr.P.Kannithevan, learned Additional Government Pleader appearing for the official respondents, who would submit that, the said revision petition of the petitioner, dated 18.08.2018, would be decided on merits and an order to that effect would be passed, after hearing the private respondents, by the first respondent within a time frame that may be stipulated by this Court.

6. Considering the limited scope of the writ petition and after hearing both sides, with the consent of both parties, this writ petition is disposed of with the following direction, at the admission stage itself:

"That the first respondent is hereby directed to decide the representation/Appeal dated 18.08.2018 filed by the petitioner on merits and in accordance with law, of course, after hearing the private respondents herein, by giving notice to them and pass final orders thereon within a period of eight weeks from the date of receipt of a copy of this order."

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

Sd/- Assistant Registrar ( AD-I) // True Copy // Sub Assistant Registrar(CS ) das/RR To 1.The District Revenue Officer, District Revenue Office, Dindigul District.

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

3.The Tahsildar, Taluk Office, Ottanchathiram, Dindigul District.

+1CC TO M/S.Special Government pleader Sr.No.70931 +1CC To M/S.T.THIRUMURUGAN, Advocate, Sr.No.70393 Order made in W.P.(MD)No.14004 of 2019 Dated:

21.06.2019 BUC(12.07.2019) 3P 6C