P. Alagarsamy v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI P.Alagarsamy ... Petitioner Vs.

1.The District Revenue Officer, Collectorate, Theni.

2.The Revenue Divisional Officer, Revenue Divisional Office, Periyakulam, Theni District.

3.The Tahsildar, Theni, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to immediately implement the recommendations made by the 2nd respondent vide his proceedings in Na.Ka.No.8648/2021/a3, dated 30.08.2024 by considering the petitioner's representation, dated 20.02.2025. For Petitioner : Mr.K.Hemaraj For Respondents : Mr.C.Satheesh Government Advocate 1/4

O R D E R

The petitioner has filed this writ petition seeking issuance of writ of mandamus to direct the 1st respondent to implement the recommendation of the 2nd respondent, dated 30.08.2024.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3. The petitioner has given a representation on 20.02.2025 to implement the recommendation of the 2nd respondent, dated 30.08.2024. Aggrieved by the inaction on his representation, this writ petition has been filed.

4. The learned Government Advocate would however submit that the 1st respondent has raised certain queries and therefore, it would not be possible to straightaway implement the order of the 2nd respondent. Further, in any event, the 2nd respondent is only a subordinate official and at first, the 1st respondent shall consider the said recommendation or the report of the 2nd respondent and the said recommendation or the report is not binding on the 1st respondent, who is bound to independently act on the application on the petitioner. 2/4

5. In view of the above, a direction is given to the 1st respondent to conduct an enquiry, afford an opportunity to the writ petitioner to clarify any grey areas, and thereafter, consider the report of the 2nd respondent as well, shall pass final orders on the petitioner's representation, dated 20.02.2025. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.

6. With the above directions, this Writ Petition stands disposed of. No costs.

21.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1.The District Revenue Officer, Collectorate, Theni.

2.The Revenue Divisional Officer, Revenue Divisional Office, Periyakulam, Theni District.

3.The Tahsildar, Theni, Theni District.

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P.B.BALAJI , J.

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