Sendrayan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.08.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Sendrayan

...Petitioner

Vs 1.The Tahsildar, Andipatti Taluk, Theni District.

2.The Village Administrative Officer, Ramakrishnapuram Village, Andipatti Taluk, Theni District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to complete the enquiry and file report to the 1st respondent as per proceedings of the 1st respondent dated 21.10.2019 in Na.Ka.No.7054/2019/B1.

For Petitioner : Mr.S.Sukumar For Respondents : Mr.M.Murugan Government Advocate

ORDER

This Writ Petition is filed to direct the 2nd respondent to complete the enquiry and to file a report before the 1st respondent, as per the proceedings of the 1st respondent dated 21.10.2019.

2.By consent of both parties, this Writ petition is taken up for final disposal at the admission stage itself. 3.According to the petitioner, though he made a representation dated 14.10.2019 before the 1st respondent seeking to cancel the patta issued in favour of one Sinthamani in respect of the property in S.No.10/1 situated at Ramakrishnapuram Village, Andipatti Taluk, Theni District and to issue patta in favour of him for the aforesaid property, so far, no final orders have been passed by the 1st respondent. Hence, the petitioner is before this Court.

4.In reply, the learned Government Advocate appearing for the respondents would submit that based on the petitioner's representation dated 14.10.2019, the 1st respondent had passed the 1/3

proceedings in Na.Ka.No.7054/2019/B1 dated 21.10.2019, wherein, it had been stated that the 2nd respondent is advised to submit a report, relating to the request of the petitioner. In compliance of the order of the 1st respondent dated 21.10.2019, the 2nd respondent had sent a report to the 1st respondent and the same has already been received in the month of March 2020 by the 1st respondent.

5.The learned Government Advocate would further submit that due to the complete lockdown on account of the COVID-19 pandemic, the 1st respondent is unable to pass final orders on such representation dated 14.10.2019. He would further submit that the petitioner's representation dated 14.10.2019 would be considered, based on the report of the 2nd respondent, within a time frame to be fixed by this Court.

6.By recording the submission made by the learned Government Advocate, this Court, without expressing any opinion on the merits of the case, is inclined to pass the following directions:- the 1st respondent is directed to consider the petitioner's representation dated 14.10.2019 and pass appropriate orders on merits, by taking note of the report of the 2nd respondent, within a period of eight weeks from the date of receipt of a copy of this order;

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

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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.

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To 1.The Tahsildar, Andipatti Taluk, Theni District.

2.The Village Administrative Officer, Ramakrishnapuram Village, Andipatti Taluk, Theni District.

+1 CC to SGP ( SR-15409[F] dated 31/08/2020 ) 28.08.2020 KM (09.09.2020) 3P 4C 3/3