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Madras High CourtWP(MD)/7463/2020disposed of

Elangovan v. The District Revenue Officer

2020-07-10Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Elangovan, S/o.Govindaraj @ Govindan ... Petitioner Vs.

1.The District Revenue Officer, Tiruchirappalli, Trichy.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Lalgudi Taluk, Trichy District.

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the first respondent to conduct an enquiry in Revision Petition No.1002/2018, within a stipulated time and to pass orders in the said revision petition preferred by the petitioner within a stipulated time as fixed by this Court after affording an opportunity to all the parties interested.

For Petitioner : Mr.N.Anandkumar For Respondents : Mr.V.Anand Government Advocate

ORDER

The petitioner has come up with the present Writ Petition for a Mandamus, to direct the first respondent to conduct an enquiry in Revision Petition No.1002/2018, within a stipulated time and to pass orders in the said revision petition preferred by the petitioner, within a stipulated time as fixed by this Court after affording an opportunity to all the parties interested. 1/3

2.According to the learned counsel for the petitioner, the petitioner's grandfather viz., Chinnappudaiyar, S/o.Krishnapudaiyar, had developed Tharisu land, situated in S.No.386/2 of Melarasur Village before the year 1926 and reformed it a cultivable lands and he was doing agriculture and enjoyed the said land. Due to his old age and illness, the petitioner's grandfather has executed a settlement deed on 26.11.1968 to his brother's son, who is the father of the petitioner herein. Thereafter, the said land comes under the enjoyment and ownership of the petitioner's father and he used to pay all the necessary taxes to the Government for the said land.

3.Due to error committed in UDR Scheme, the Patta of the said land in S.No.386/6 entered in the name of Renganathan, S/o.Ramasamy, in ''A'' Register and with regard to the land in S.No.386/2, Patta was wrongly issued in the name of Abdul Ameen. In the year 1985, the petitioner's father has filed a petition before the third respondent for changing the Patta in his name. The third respondent had conducted an inspection and conducted enquiry by the Revenue Inspector and based on which, the third respondent has issued an order dated 31.10.1985, for changing the Patta to the name of the petitioner's father. The petitioner's father has also paid the land taxes to the Government, but proper Patta was not issued to the petitioner's father.

The petitioner's father approached the third respondent and his subordinate officials on several occasions, but all the efforts ended in vain. 4.Thereafter, the petitioner's father executed a settlement deed in favour of the petitioner on 30.09.2014 after executing a settlement deed in the name of his sister on the same day and thereby, the petitioner has obtained 0.81.0 Ares (2 Acres) of land in S.No.386/6 of Melarasur Village as his own land. While so, the Chitta and Adangal, dated 10.01.2018, issued by the Deputy Tahsildar stands in the name of the petitioner's father. Against which, the petitioner has preferred a revision before the first respondent on 20.04.2018 and the same was numbered as '1002/2018'. But, till date, the said revision petition was not called upon for enquiry and till date, the enquiry is not concluded.

Hence, the present Writ Petition.

5.Mr.V.Anand, learned Government Advocate appearing for the respondents submitted that the first respondent would consider the petitioner's revision petition and pass orders within a time frame to be fixed by this Court.

6.Recording the submission made by the learned Government Advocate, without going into the merits of the case, this Court directs the first respondent to consider the petitioner's Revision Petition No.1002 of 2018, and pass appropriate orders on merits 2/3

and in accordance with law as expeditiously as possible, in any event, not later than within a period of four months from the date of receipt of a copy of this order after providing an opportunity to the parties concerned.

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

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) smn2 Note : In view of the present lock down owing to COVID19 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 District Revenue Officer, Tiruchirappalli, Trichy.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Lalgudi Taluk, Trichy District.

10.07.2020 SPU(17.07.2020) 3P 4C 3/3