M.Gokila, W/O.P.Marimuthu v. The Record Officer Of The

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD) No.17160 of 2017 1.M.Gokila 2.M.Sarala ... Petitioners -vs1.The Record Officer of the Tenancy Records cum Tahsildar, Madurai East Taluk, Madurai.

2.M.Periyakaruppan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to dispose of the T.R.No.7/2014 pending on his file within a time stipulated by this Court after affording due opportunities to the parties to the lis in accordance with law. For Petitioner : Mr.Babu.Rajendran For Respondents : Mr.C.Selvaraj Special Government Pleader (for R1) *****

O R D E R

The petitioners seek for a direction to the first respondent to dispose of T.R.No.7/2014 pending on his file. 2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for first respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The case of the petitioners are that originally the first petitioner purchased the lands to an extent of 92 cents in S.No.54/1A, 1B, 2, 3A, 3B, 4 and 54/1C2 situated at Ayilangudi village, Thamaraipatai, Madurai, through a registered sale deed dated 04.12.2003. Subsequently, the first petitioner has settled 1⁄2 share in favour of her daughter, namely, the second petitioner herein, on 23.05.2012. When they are in possession and enjoyment https://hcservices.ecourts.gov.in/hcservices/

of the property, the second respondent filed a suit in O.S.No.302/04 before the District Munsif Court, for permanent injunction and the same is pending.

4.The petitioners would further state that the second respondent has approached the first respondent and filed T.R.No.7/2014 claiming tenancy right. Since there is no progress for the past three years, the present writ petition. 5.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the first respondent to dispose of the case in T.R.No.7/2014 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To The Record Officer of the Tenancy Records cum Tahsildar, Madurai East Taluk,Madurai.

+1cc to M/S.BABU RAJENDRAN, Advocate SR.No.78215 +1cc to Special Government Pleader, SR.No.78807 skn MAS/JC/SAR2:03.10.2017:2P-4C W.P.(MD) No.17160 of 2017 12.09.2017 https://hcservices.ecourts.gov.in/hcservices/