Madras High CourtWP(MD)/11875/2017disposed of

Sebastian, S/O.Soosai, v. The Commissioner Of Land

2017-06-28Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.11875 of 2017 Sebastian

...Petitioner

Vs.

1)The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2)Arulandu

...Respondents

PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of mandamus, to direct the first respondent to dispose the revision petition filed by the second respondent, dated 09.12.2015 within stipulated time.

For Petitioner : Mr.P.Arun Jayatram For Respondent No.1 : Mr.D.Muruganantham, Addl. Government Pleader *****

O R D E R

This writ petition has been filed by the petitioner seeking a direction to the first respondent to dispose of the revision filed by the second respondent, dated 09.12.2015, within the stipulated time.

2.The case of the petitioner is that the authorities have assigned land in Survey Nos.433/76 and 433/77 situated at Ammayenthal Village, Thiruppathur Taluk, in favour of the second respondent. It is alleged that after the assignment, the second respondent had encroached the public pathway and also prevented the villagers from using the said pathway. Hence, the petitioner along with other villagers made a representation to the District Collector, Sivagangai, to cancel the patta. After enquiry, the District Revenue Offier, Sivagangai cancelled the patta by his order, dated 30.11.2015 in proceedings in P1/16365/2015. 3.It is further stated by the petitioner that aggrieved over the order of the District Revenue Officer, Sivagangai, the second respondent has preferred a revision before the first respondent on 09.12.2015. Since there is no progress in the revision, the present writ petition is filed.

4.Heard Mr.P.Arun Jayatram, learned counsel appearing for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader appearing for the first respondent.

https://hcservices.ecourts.gov.in/hcservices/

5. The learned counsel appearing for the petitioner would submit that it would suffice if the revision petition filed by the second respondent is disposed of, by the first respondent, on merits and in accordance with law, within the time stipulated by this Court.

6. The learned Additional Government Pleader appearing for the first respondent would submit that the revision petition the second respondent will be considered by the first respondent in accordance with law.

7. In view of the above, without going into the merits of the claim made by the petitioner, the first respondent is directed to pass appropriate orders on the revision petition filed by the second respondent, dated 09.12.2015, on merits and in accordance with law, after giving notice to the interested parties, including the second respondent herein, within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.62517 SKM/SKN JS/MR.KKR/SAR.2/19.7.2017/2P-3C W.P.(MD)No.11875 of 2017 28.06.2017 https://hcservices.ecourts.gov.in/hcservices/