D.A. Alexandar v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE D.A.Alexandar ... Petitioner Vs 1.The Revenue Divisional Officer, Madurai Sub-Division, Madurai District.
2.The Tahsildar, Madurai North, Madurai.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the second respondent to complete the proceedings in O.Mu.No.5213/17/N dated 07.10.2017 within the time limit that may be stipulated by this Court by considering the petitioner's representation dated 13.09.2017 and consequently direct the second respondent to provide patta in respect of the properties of the petitioner in S.No.22/6B2B1 of Muthuramalingam Nagar, Vilangudi first bit Village, North Taluk of Madurai District.
For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.M.Pandiarajan Additional Government Pleader
ORDER
This writ petition has been filed for a Writ of Mandamus seeking for a direction to the second respondent to complete the proceedings in O.Mu.No.5213/17/N, dated 07.10.2017 within the time frame to be stipulated by this Court after considering the petitioner's representation, dated 13.09.2017 and consequently, direct the second respondent to provide patta in respect of the properties of the petitioner in S.No.22/6B2B1 of Muthuramalingam Nagar, Vilangudi first bit Village, North Taluk of Madurai District.
2.Heard Mr.C.M.Arumugam, learned counsel appearing for the petitioner and Mr.M.Pandiarajan, learned Additional Government Pleader appearing for the respondents.
3.By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself. 1/3
4.It is the case of the petitioner that, he is the absolute owner of the aforesaid property. According to him, he applied for patta with the second respondent on 13.09.2017. According to him, proceedings were also initiated by the first respondent subsequent to the application filed by the petitioner before the second respondent for grant of patta. It is the case of the petitioner that, till date the second respondent has not completed the enquiry proceedings for grant of patta in the name of the petitioner. In such circumstances, this writ petition has been filed.
5.The relief sought for by the petitioner is an innocuous relief. He submitted an application with the second respondent for grant of patta in his name in respect of the property at Survey No. 22/6B2B1 of Muthuramalingam Nagar, Vilangudi first bit Village, North Taluk of Madurai District. Admittedly, till date the enquiry proceedings before the second respondent has not been completed. It is for the second respondent to consider the application for grant of patta in the petitioner's name on merits and in accordance with law. No prejudice will be cause to the respondents, if the second respondent is directed by this Court to complete the enquiry proceedings in O.Mu.No.5213/17/N expeditiously.
6.For the foregoing reasons, this Court directs the second respondent to complete the proceedings in O.Mu.No.5213/17/N, dated 07.10.2017 in respect to the request made by the petitioner for grant of patta in his name in respect of the property at Survey No. 22/6B2B1 of Muthuramalingam Nagar, Vilangudi first bit Village, North Taluk of Madurai District, after hearing all the necessary parties including the rival claimant viz., Somalinga Kesava Iyer and pass final orders on merits and in accordance with law, within a period of eight(8) weeks from the date of receipt of a copy of this order.
7.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
rmk Note:In view of the present lock down owing to COVID19 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.
To 1.The Revenue Divisional Officer, Madurai Sub-Division, Madurai District.
2.The Tahsildar, Madurai North, Madurai.
+1 CC to SGP ( SR-20794[F] dated 02/11/2020 ) 29.10.2020 KG(CO) KM (06.11.2020) 3P 4C 3/3