S.Perumal Thevar v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and WMP(MD)Nos.10691 & 10692 of 2024 S.Perumal Thevar ... Petitioner Vs.

1.The District Revenue Officer, Madurai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Thirumangalam, Madurai.

3.The Tahsildar, Thirumangalam Tahsildar Office, Thirumangalam, Madurai.

4.J.Soundarapandiyan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the entire records of the first respondent relating to the Memorandum Oo.Mu.No.Ji2/2032976/2024 dated 23.05.2024, quash the same as illegal and consequently, direct the first respondent to take the appeal preferred by the petitioner on file and dispose of the same on merits and in accordance with law within a time period stipulated by this Court. 1/4

For Petitioner : Mr.G.Sakthi Rao For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 to R3

ORDER

The petitioner moved the fourth respondent for cancelling the fourth respondent's patta. The petitioner's request was negatived. Questioning the same, the petitioner filed a revision before the first respondent. There was delay. The first respondent declined to condone the delay and passed the impugned memorandum dated 23.05.2024. Challenging the same, this writ petition has been filed.

2.In matters involving property rights, the authorities ought to adopt an indulgent approach. Therefore, in the interest of justice, the delay occasioned in the matter deserves to be condoned. In this view of the matter, the impugned memorandum is set aside. The matter is remitted to the file of the first respondent. The first respondent will number the revision petition and after issuing notice to the fourth respondent, give disposal on merits and in accordance with law as expeditiously as possible. In this writ petition, the 2/4

merits of the matter have not been gone into. It is open to first respondent to pass orders one way or the other. The rights of both the parties are left open. 3.This writ petition is disposed of. No costs. Connected miscellaneous petitions are closed.

08.07.2024 skm To 1.The District Revenue Officer, Madurai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Thirumangalam, Madurai.

3.The Tahsildar, Thirumangalam Tahsildar Office, Thirumangalam, Madurai.

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G.R.SWAMINATHAN, J.

skm and WMP(MD)Nos.10691 & 10692 of 2024 08.07.2024 4/4