Balkis Bivi, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15140 of 2018 1.Balkis Bivi 2.Paulraj ... Petitioners vs.

1.The Revenue Divisional Officer Ramanathapuram Ramanathapuram District 2.Mani Ambalam 3.Subramanian 4.Dhanabalan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to complete the proceeding in Na.Ka.m5/7773/2012 and pass final order within a stipulated time.

For Petitioners :

Mr.A.Haja Mohideen For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader for R1

O R D E R

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the first respondent. Notice to the respondents 2 to 4 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 the proceedings in Na.Ka.m5/7773/2012, with regard to change of Patta, have been kept pending without any disposal for a long time 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 above mentioned proceedings. It is needless to point out that whenever proceedings of this nature are 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 https://hcservices.ecourts.gov.in/hcservices/

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 above mentioned proceedings 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 proceedings in Na.Ka.m5/7773/2012, on its own merits and in accordance with law, 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 respondents 2 to 4 and any other persons who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS-IV) To:

The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

+1CC to Special Government Pleader in SR.No.73043. +1CC to Mr.A.Haja Mohideen Advocate in SR.No.72746. KRK DS/SKN/SAR-4 :24.07.2018: 2P/4C W.P.(MD) No.15140 of 2018 13.07.2018 https://hcservices.ecourts.gov.in/hcservices/