M.Ranjithammal v. The Revenue Divisional Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR M.Ranjithammal ... Petitioner Vs.

1.The Revenue Divisional Officer, Usilampatti Taluk, O/o.of Revenue Divisional Office, Usilampatti, Madurai District.

2.The Tahsildar, Usilampatti Taluk, Usilampatti, Madurai District.

3.The Zonal Deputy Tahsildar, Usilampatti Taluk, Usilampatti, Madurai District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to conduct enquiry and pass appropriate orders on the petitioner's representation dated 20.08.2019 within the time frame fixed by this Court. For Petitioner : Mr.I.Suthakaran For Respondents : Mr.V.Anand Government Advocate

O R D E R

This writ petition is filed to direct the first and second respondents to conduct enquiry and pass appropriate orders on the petitioner's representation dated 20.08.2019. 2.Heard Mr.I.Suthakaran, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.

3.According to the petitioner, one Ananthan, who owned 2 acres 56 cents, out of which, the petitioner has purchased 34 cents by way of a registered sale deed. In such circumstances, the third respondent by order dated 07.10.2016 passed patta 1/3

transfer to one Balamurugan, in respect of the petitioner's property and gave new patta, without giving any opportunity of hearing to the petitioner. When it has come to know that, the petitioner sent a representation dated 20.08.2019 to the first respondent to that effect. Since no action has been taken, the petitioner is before this Court.

4.The learned counsel appearing for the petitioner submitted that the petitioner gave a representation to the first respondent for correcting the mistake committed by the third respondent and issue corrected patta to the petitioner. He further submitted that on receipt of such representation, the first respondent in his proceedings vide Na.Ka.No.477/2019/A3 dated 25.09.2019 directed the second respondent to conduct an enquiry and submit a report on or before 25.10.2019. So far no report was filed. Therefore, he prays the aforesaid relief in the writ petition.

5.The learned Government Advocate appearing for the respondents submitted that final decision will be taken on the petitioner's representation, within the stipulated time. 6.In view of the submissions made on either side, this Court is inclined to pass the following order: (i)Pursuant to the communication of the first respondent, the second respondent shall conduct an enquiry and submit a report to the first respondent, if not already submitted, within a period of eight weeks from the date of receipt of a copy of this order. (ii)On receipt of such report, the first respondent shall consider the petitioner's representation dated 20.08.2019 and pass appropriate orders on merits and in accordance with law, after providing due opportunity to the parties concerned, within a period of twelve weeks thereafter.

7.With the above direction, this Writ Petition stands disposed of. No costs.

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

Ns 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 Revenue Divisional Officer, Usilampatti Taluk, O/o.of Revenue Divisional Office, Usilampatti, Madurai District.

2.The Tahsildar, Usilampatti Taluk, Usilampatti, Madurai District.

3.The Zonal Deputy Tahsildar, Usilampatti Taluk, Usilampatti, Madurai District.

+1 CC to Mr.I. SUTHAKARAN, Advocate ( SR-15638[F] dated 02/09/2020 ) +1 CC to SGP ( SR-15677[F] dated 02/09/2020 ) 01.09.2020 KM (14.09.2020) 3P 6C 3/3