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Madras High CourtWP(MD)/5741/2020disposed of

M.Abdul Raheem v. The Revenue Divisional Officer

2023-10-04Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Abdul Raheem ... Petitioner Vs 1.The Revenue Divisional Officer, Palani, Dindigul District.

2.The Tahsildar, Oddanthatram Taluk, Dindigul District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to dispose of the patta proceedings in Na.Ka.No.7594/16/A1, by granting patta to the petitioner based on the documents. For Petitioner : Mr.K.Anandan For Respondents : Ms.D.Farjana Ghoushia Special Government Pleader

O R D E R

This Writ Petition has been filed for issue of writ of mandamus directing the first respondent to dispose of the proceedings 1/5

pending in Na.Ka.No.7594/16/A1 and to grant patta in favour of the petitioner within the time frame fixed by this Court.

2. When the matter came up for admission on 19.03.2020, this Court passed the following order:

"Mr.S.Angappan, Learned Government Advocate takes notice for the First and Second Respondents.

2. Learned Government Advocate appearing for the First and Second Respondents, on instructions, states that enquiry has been fixed at 11.30 a.m. on 02.04.2020 before the First Respondents on the representation dated 10.09.2019 made by the Petitioner and that notice would be issued to all parties concerned including the Petitioner for the same.

3. The First Respondent shall file a report on the outcome of the action taken in this regard, on the next hearing.

Post the matter on 29.04.2020."

3. When the matter was taken up for hearing today, learned Special Government Pleader relying upon the counter affidavit filed by the second respondent submitted that the matter was forwarded to the District 2/5

Revenue Officer and the District Revenue Officer had sought for some clarification from the Commissioner of Land Administration and it is pending at that stage.

4. Learned counsel for the petitioner submitted that pursuant to the orders passed by this Court on 19.03.2020, the first respondent submitted a report to the District Revenue Officer and the District Revenue Officer has called for some clarification from the Tahsildar and the proceedings are pending.

5. This Court has carefully considered the submissions made on either side and the materials available on record.

6. Taking into consideration the facts and circumstances of the case and the subsequent development that has taken place, there shall be a direction to the District Revenue Officer, Dindigul District, to take a final decision on the request made by the petitioner seeking for patta with respect to the subject property, on its own merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of 3/5

this order. The petitioner is directed to make a fresh representation to the District Revenue Officer along with all the relevant documents and also a copy of this order.

7. This Writ Petition is disposed of with the above direction. No costs.

04.10.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Revenue Divisional Officer, Palani, Dindigul District.

2.The Tahsildar, Oddanthatram Taluk, Dindigul District.

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N.ANAND VENKATESH, J.

tsg 04.10.2023 5/5