Balamurugan.V v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH V.Balamurugan ...Petitioner Vs.

1.The District Revenue Officer, Collectorate, Madurai.

2.The Revenue Divisional Officer, Collectorate, Madurai.

3.The Tahsildhar, Office of the Tahsildhar, Thiruparankundram Taluk, Madurai District.

4.M.P.Maruthupandi ...Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the third respondent to dispose the proceedings in NA.KA.No.JI2/47749/2019, dated 26.11.2019 and to pass an appropriate order within the stipulated time fixed by this Court.

For Petitioner : Mr.K.Anbumanikandan For RR1 to 3 : Mr.M.Lingadurai

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the third respondent to dispose of the proceedings in NA.KA.No.JI2/47749/2019, dated 26.11.2019, within the time frame fixed by this Court.

2. The case of the petitioner is that the subject property was allotted in favour of the father of the petitioner by virtue of a registered partition deed, dated 23.12.1997. The grievance of the petitioner is that the property has been wrongfully transferred in the name of the fourth respondent in the revenue records. 1/3

3. The petitioner made a representation before the second respondent in this regard and according to the petitioner, the second respondent through proceedings, dated 27.06.2013, had set aside the entry and had directed the third respondent to make the necessary corrections in the patta in line with the partition deed, dated 23.12.1997.

4. It is stated that the petitioner thereafter followed up with the third respondent and the proceedings are pending in NA.KA.No.JI2/47749/2019, dated 26.11.2019 and till date, no orders have been passed. Left with no other option, the present Writ Petition has been filed before this Court seeking for appropriate directions.

5. Heard Mr.K.Anbumanikandan, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents 1 to 3.

6. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the third respondent to proceed further with the enquiry in NA.KA.No.JI2/47749/2019, dated 26.11.2019, after affording opportunity to the petitioner and the fourth respondent and pass final orders within a period of six (6) weeks from the date of receipt of a copy of this order.

7. The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and also a copy of this order.

8. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (Crl side) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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 1.The District Revenue Officer, Collectorate, Madurai.

2.The Revenue Divisional Officer, Collectorate, Madurai.

3.The Tahsildhar, Office of the Tahsildhar, Thiruparankundram Taluk, Madurai District.

+1 CC to M/s.SPL GP ( SR-24040[F] dated 27/07/2021 ) Dated:23.07.2021 RK (02.08.2021) 3P 5C 3/3