Lakshmanan .At v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AT.Lakshmanan ... Petitioner Vs.

1.The Revenue Divisional Officer, Devakottai, 2.The Tahsildhar, Karaikudi Taluk, Karaikudi, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 09.03.2022 and 26.03.2022 and thereby direct the 2nd respondent to take necessary action to implement the order passed by the 1st respondent in proceedings No.gK.m1-180-/2020 dated 25.02.2020. For Petitioner : Mr.S.Ramasamy For Respondents : Mr.M.Sarangan, Additional Government Pleader.

ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the respondents. 2.The petitioner has obtained an order dated 26.02.2022 in his favour at the hands of the Revenue Divisional Officer, Devakottai. The issue concerns S.No.249/17B in Kallal Village, Karaikudi Taluk, Sivagangai District. The grievance of the petitioner is that the order passed by the first respondent has not been implemented by the Tahsildhar, Karaikudi and that the records are yet to be mutated. Seeking enforcement of the order passed by the first respondent, the present writ petition has been filed.

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3.When the matter was taken up for hearing, the learned Additional Government Pleader submitted that some errors had crept in during UDR and that the same can be set right only by the District Revenue Officer. The District Revenue Officer, Sivagangai has taken suo motu notice of the discrepancies and the matter is presently pending on his file. A copy of the communication bearing Na.Ka.No.A2/7426/2021, dated 05.05.2022 sent by the Tahsildhar, Karaikudi to the District Revenue Officer, Sivagangai has been produced before me. I went through the contents of the said communication. The subject matter that is the land comprised in S.No.249/17B is referred to in the said communication. Therefore, I am not in a position to grant any relief in this writ petition for implementing the order passed by the Revenue Divisional Officer, Devakottai.

However, the issue cannot be indefinitely kept pending. Therefore, the District Revenue Officer, Sivagangai is directed to conclude the proceedings on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order. The petitioner has to be put on notice before any final order is passed by the District Revenue Officer, Sivagangai. The District Revenue Officer, Sivagangai shall also take into account all the materials that may be placed by the petitioner. 4.This writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar (P & A) // True Copy // /06/2022 Sub Assistant Registrar(CS) ias Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Revenue Divisional Officer, Devakottai, 2/3

2.The Tahsildhar, Karaikudi Taluk, Karaikudi, +1 CC to M/s.SPL.GP ( SR-25098[F] dated 10/06/2022 ) 08.06.2022 SS(22/06/2022) 3P 4C 3/3