Vasantha v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Smt.Vasantha ... Petitioner Vs.

The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to dispose of the petition in Na.Ka.No.A4/7483/2020, within a time frame to be fixed by this Court.

For Petitioner : Mr.A.Sivaji For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This writ petition has been filed for the issue of Writ of Mandamus directing the respondent to dispose of the petition that is pending in Na.Ka.No.A4/7483/2020, within the time frame fixed by this Court.

2.The case of the petitioner is that her father had acquired various properties and in the year 1970, the father of the petitioner executed a registered settlement deed, dated 23.02.1970, registered as document No.491/1970.

3.The further case of the petitioner is that pursuant to the execution of the settlement deed, she was in possession and enjoyment of the property. The properties that were settled in favour of the petitioner have been described in paragraph No.4 of the affidavit filed in support of the writ petition. 4.The grievance of the petitioner is that none of the properties were conveyed or dealt with by the petitioner. However, the petitioner found that the property in S.No.296/2 was wrongly entered in the name of some other person in the revenue records. According to the petitioner, this was done without notice to the petitioner and behind the back of the petitioner. 1/3

5.The petitioner therefore, made a representation before the respondent during October 2020, seeking to rectify the entry found in the revenue records and to issue patta in favour of the petitioner. It is stated that the respondent had taken the petition on file in Na.Ka.No.A4/7483/2020. The grievance of the petitioner is that till date the respondent has not conducted any enquiry and there is absolutely no progress. Left with no other option, the present writ petition has been filed before this Court, seeking for appropriate directions.

6.Heard Mr.A.Sivaji, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate, appearing for the respondent.

7.Taking into consideration the facts and circumstances of this case and the limited relief sought for in this writ petition, there shall be a direction to the respondent to proceed further with the enquiry in Na.Ka.No.A4/7483/2020, after affording opportunity to the petitioner and the person whose name has been entered in the patta and final orders shall be passed within a period of six weeks from the date of receipt of a copy of this order. 8.The petitioner is directed to make a fresh representation to the respondent along with all relevant documents and also a copy of this order.

9.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(Writs) // True Copy // / /2021 Sub Assistant Registrar(CS) 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. 2/3

To The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

+1 CC to M/s.A.SIVAJI, Advocate ( SR-20799[F] dated 01/07/2021 ) +1 CC to M/s.SPL GP ( SR-20898[F] dated 01/07/2021 ) Order made in 30.06.2021 KUN(CO) TR(09.07.2021) 3P 4C 3/3