Madras High CourtWP(MD)/7608/2020disposed of

Miranda Jeyakumar v. The District Revenue Officer,

2020-07-15Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD)No.7608 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.7608 of 2020 Miranda Jeyakumar ... Petitioner Vs.

The District Revenue Officer, Thanjavur, Thanjavur District.

... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondent to dispose of the revision petition pending on the file of the respondent in Na.Ka.No.43817/2019-Oo(2), within the time stipulated by this Court.

For Petitioner : Mr.G.Karnan For Respondent : Mr.M.Pandiarajan, Additional Government Pleader.

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, to direct the respondent to dispose of the revision petition pending on the file of the respondent in Na.Ka.No.43817/2019-Oo(2), within the time stipulated by this Court. 2.Mr.M.Pandiarajan, learned Additional Government Pleader takes notice for the respondent.

3.By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

4.According to the petitioner, she obtained patta in her favour in Survey Nos.32/1, 33/1 and 32/1A in Melaveli Village, Thanjavur District by proceedings dated 02.11.2017. One Jayakara Pandian, Johan Kevin and Jothi Pandian have challenged the above said order passed by the Thasildar, Thanjavur before the Revenue Divisional Officer, Thanjavur and the same was taken on file in Tha.Pa.No.50/2019/A5. The Revenue Divisional Officer, Thanjavur, after hearing the parties, has cancelled the order, dated 02.11.2017 passed by the Thasildar, Thanjavur, by proceedings dated 07.11.2019. Aggrieved over the order passed by the Revenue Divisional Officer, Thanjavur, the petitioner preferred a revision petition before the respondent and the same has been taken on file. Subsequently, the respondent sent a communication to the petitioner dated 07.01.

2020, seeking explanation for the delay of 17 days in preferring the revision petition. On the very next day itself, the petitioner had submitted her explanation for the delay through online. Since the respondent has not taken any steps to dispose of the https://hcservices.ecourts.gov.

W.P(MD)No.7608 of 2020 revision petition, the petitioner has filed the present Writ Petition.

5.The learned Additional Government Pleader appearing for the respondent submitted that if the petitioner had submitted her explanation for the delay of 17 days in preferring the revision petition before the respondent, the same would be considered by the respondent within the time frame fixed by this Court. 6.From the materials available on record, it is seen that though the learned counsel appearing for the petitioner submitted that the petitioner had submitted her explanation for the delay of 17 days in preferring the revision petition through on-line, the said copy is not enclosed in the typed-set of papers. 7.

In view of the above submissions made by the learned counsel appearing on either side, this Court, without expressing any opinion on the merits of the matter, directs the respondent / the District Revenue Officer, Thanjavur, to consider the explanation said to have been submitted by the petitioner, if the respondent had received the explanation and pass appropriate orders, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is needless to mention that the copy of the said explanation is also to be furnished by the petitioner along with the copy of the order.

7.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) 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. Ps To The District Revenue Officer, Thanjavur, Thanjavur District.

W.P.(MD)No.7608 of 2020 15.07.2020 KB(21.07.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2