C.Poovasalingam v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2020

CORAM

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR and W.M.P.(MD).No.7632 of 2020 C.Poovasalingam .. Petitioner Vs.

1.The District Revenue Officer, Collectorate Complex, Ramanathapuram, Ramanathapuram District.

2.The District Registrar, Ramanathapuram, Ramanathapuram District.

3.The Sub Registrar, Sub Registration Office, Saayalkudi, Ramanathapuram District.

4.Sudalaiyandi 5.Sundara Mahalingam .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent not to register any documents pertaining to Survey No.87, 87/1, situated at Kannirajapuram Village, Kadaladi Taluk, Ramanathapuram District filed by the respondents 4 and 5.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.V.Anand for R1 to R3 Government Advocate Mr.Sivathilakar for R4

ORDER

This writ petition has been filed by the petitioner for issuing a writ of Mandamus directing the 3rd respondent not to register any documents pertaining to Survey No.87, 87/1, situated at Kannirajapuram Village, Kadaladi Taluk, Ramanathapuram District filed by the respondents 4 and 5.

1/3

2.According to the learned counsel for the petitioner, there is some land dispute between the petitioner and the respondents 4 and 5. Hence, an enquiry is pending before the first respondent on the representation made by the petitioner on 25.07.2019. By suppressing the enquiry, the respondents 4 and 5 are trying to alienate the aforesaid properties to some third parties and to register the documents before the third respondent. Hence, the petitioner has come forward with this petition. 3.Heard Mr.R.Murugappan, learned counsel appearing for the petitioner, Mr.V.Anand, learned Government Advocate appearing for the respondents 1 to 3 and Mr.Siva Thilakar, learned counsel appearing for the fourth respondent. The fifth respondent is no more.

4.On 29.07.2020, when the matter was taken up for hearing, it was brought to the knowledge of this Court that the representation, dated 25.07.2019, filed by the petitioner has not yet been disposed off by the first respondent, as directed by this Court on 29.08.2019 in W.P.(MD).No.18729 of 2019 and therefore, the learned Government Advocate was directed to submit a Status Report. Today, the learned Government Advocate submitted that the first respondent has passed the final order on 31.07.2020 and produced the copy of the proceedings of the first respondent/District Revenue Officer, Ramanathapuram, in Pa.Mu(B5)/29594/2019, dated 31.07.2020, before this Court and 5.In view of the final order passed by the first respondent, this Court is inclined to direct the both parties to appear before the third respondent. The learned counsel on either side undertakes to appear before the third respondent on 13.08.2020. 6.Therefore, this writ petition is disposed with the following directions.

(i)both parties shall appear before the third respondent on 13.08.2020.

(ii)the third respondent shall consider the objections of the petitioner and after giving the opportunities to both parties, pass appropriate orders as expeditiously as possible within a period of one week thereafter.No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) 2/3

TM 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 District Revenue Officer, Collectorate Complex, Ramanathapuram, Ramanathapuram District.

2.The District Registrar, Ramanathapuram, Ramanathapuram District.

3.The Sub Registrar, Sub Registration Office, Saayalkudi, Ramanathapuram District.

+1 CC to M/s.GP ( SR-13672[F] dated 05/08/2020 ) 04.08.2020 SPU(07.08.2020) 3P 5C 3/3