Namita Agarwal v. The Tahsildar/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.07.2015

CORAM

THE HONOURABLE MR.JUSTICE.R.MAHADEVAN W.P(MD).No.11321 of 2015 Namita Agarwal ... Petitioner Vs The Tahsildar/Tenancy Record Officer, Madurai South Taluk, Thirunagar, Madurai.

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Respondent This Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to expeditiously dispose of the T.R.No.4 of 2011/B2 on the file of the respondent in accordance with law. For petitioner : Mr.T.Antony Arulraj For respondents : Mr.S.Chandrasekar Government Advocate takes notice

ORDER

The petitioner has come forward with this Writ Petition praying for a Writ of Mandamus directing the respondent to dispose of the T.R.No.4 of 2011/B2 on the file of the respondent in accordance with law.

2. Mr.S.Chandrasekar learned Government Advocate takes notice for the respondents.

3. By consent, this Writ Petition itself is taken up for final disposal.

4. The learned counsel appearing for the petitioner would submit that the petitioner herein owns land at Eliyearpatti Village. While so, one pandi, who has no semblance of right over the property has filed T.R.No.4 of 2011/B2 on the file of the respondent stating that he is a cultivating tenant. Further, the learned Counsel for the petitioner would submit that for no fault of the petitioner, the matter has been kept pending without adjudication. Importantly, the said Pandi is an accused person in a murder case, who is a proclaimed offender too. Apart from that, the document dated 31.12.2010 made in favour of the said Pandi has been declared as null and void. Even then, no fruitful action has been taken by the respondent. Therefore, the petitioner has come forward with the present Writ Petition to dispose of the said T.R.No.4 of 2011/B2 https://hcservices.ecourts.gov.in/hcservices/

pending on the file of the respondent, within a reasonable period to be fixed by this Court.

5. The learned Government Advocate appearing for the respondent was put on notice.

6. It is seen that T.R.No.4 of 2011/B2 is said to be pending on the file of the respondent, wherein, the respective parties have already filed their pleadings. Therefore, there may not be any impediment to dispose of the said T.R.No.4 of 2011/B2 pending on the file of the respondent. Hence, without going into the merits of the claim made by the petitioner in this Writ Petition, the respondent is directed to dispose of the said T.R.No.4 of 2011/B2 pending on his file, on its own merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as the rival claims, within a period of two months from the date of receipt of a copy of this order. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To The Tahsildar/Tenancy Record Officer, Madurai South Taluk, Thirunagar, Madurai.

+1cc to Mr.Antony arul Raj Advocate in SR.No. 36318 +1cc to Mr.Special Government pleader Advocate in SR.No. 36560 SK/24.07.2015/2p-4c/ W.P(MD).No.11321 of 2015 06.07.2015 https://hcservices.ecourts.gov.in/hcservices/