U.Ponnuthai v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14231 of 2018 and W.M.P.(MD) No.12876 of 2018 1.U.Ponnuthai 2.K.Nallar ... Petitioners vs.
1. The District Revenue Officer, District Revenue Office, Ramanathapuram District, Ramanathapuram.
2. The Revenue Divisional Officer, The Revenue Divisional Office, Paramakudi, Ramanathapuram District.
3. The Tahsildar, Taluk Office, Kadaladi Taluk, Ramanathapuram District.
4.Shanmugathai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to dispose the revision petition filed by the petitioners, dated 30.01.2018 and consequently direct the first respondent to grant Patta in favour of the petitioners in Survey Number 280/13, in an extent of 0.01.5 Ars and in survey Nos.280/2B1B in extent of 0.03.0 Ars respectively situated at Sevelpatti Village, Kadaladi Taluk, Ramanathapuram District, within a stipulated time. For Petitioners :
Mr.T.Thirumurugan For Respondents :
Mr.S.Nagarajan Special Government Pleader for R1 to R3
O R D E R
Mr.S.Nagarajan, learned Special Government Pleader, takes notice for the respondents 1 to 3. Notice to the fourth respondent is dispensed with in view of nature of the order to be passed by this Court.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. It is the grievance of the petitioners that their revision petition dated 30.01.2018 seeking to cancel the order, dated 30.11.2015, passed by the Sub-Collector, Paramakudi and to confirm the order passed by the third respondent granting Patta in their favour in respect of the property comprised in Survey Nos.280/13 and 280/2B1B, measuring an extent of 0.01.5 Ares and 0.03.0 Ares respectively, situated at Sevelpatti Village, Kadaladi Taluk, Ramanathapuram District, has not been disposed by the first respondent till date and therefore, they have filed the present writ petition.
4. This Court has not expressed any of its view with regard to the merits of the revision made by the petitioners. It is needless to point out that whenever a revision of this nature is made, the respondents are duty bound to dispose the same in one way or the other. Non-disposal of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to dispose the petitioners' revision within a stipulated time.
5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to dispose the petitioners' revision petition, dated 30.01.2018 on its own merits, within a period of three months from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioners as well as to the fourth respondent and any other persons who may be interested in the subject matter.
6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To
1. The District Revenue Officer, District Revenue Office, Ramanathapuram District, Ramanathapuram.
2. The Revenue Divisional Officer, The Revenue Divisional Office, Paramakudi, Ramanathapuram District.
3. The Tahsildar, Taluk Office, Kadaladi Taluk, Ramanathapuram District.
+1 CC to Mr.T.THIRUMURUGAN, Advocate in SR.No.71043 KRK RJ/PN/SAR-1/13/07/2018 - 3P/5C W.P.(MD) No.14231 of 2018 and W.M.P.(MD) No.12876 of 2018 04.07.2018