Madras High CourtWP(MD)/21227/2017disposed of

M.Shahul Hameed, v. The Officer Of The Record Of

2017-11-17Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21227 of 2017 and WMP(MD)No.17498 of 2017 M.Shahul Hameed ... Petitioner Vs.

1. The Officer of the Record of Tenancy Rights/Tahsildar, Melur Taluk, Melur, Madurai District.

2.M.Ashmal Khan 3.M.Lathif 4.M.Arif Khan 5.M.Shoram Beevi 6.U.Yasmin 7.A.Shaibunnisha 8.N.Aniha Beevi 9.S.Kanmani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the 1st respondent to complete the proceedings in T.R.No.9 of 2016 on the file of the 1st respondent within the period stipulated by this Court.

For Petitioner : Mr.M.Mohamed Sherbudeen For Respondent -1 : Mr.M.Alagathevan, Additional Government Pleader

ORDER

This writ petition has been filed, seeking to direct the first respondent to complete the proceedings in T.R.No.9 of 2016 on the file of the 1st respondent.

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2.Heard both sides.

3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

4.The learned counsel for the petitioner would submit that the petitioner's father and grandfather purchased the properties in S.Nos.282/2A, 282/2B, 282/4A, 378/2 and 384/1B2, in favour of his brother-in- law. After the demise of his father and grandfather, the petitioner has been in possession and enjoyment of the lands and cultivating paddy and paddy bags were also given to his brother-in-law as rent for the lands. Alleging that the legal heirs of the only son of his brother-in-law, sold the lands to the 9th respondent, the petitioner filed a petition in T.R.No.9 of 2016, before the first respondent and the same is pending without any progress. Hence, the petitioner is before this Court. 5.The learned Additional Government Pleader appearing for the first respondent would submit that the petition in T.R.No.9 of 2016 would be disposed of by the first respondent within the time stipulated by this Court.

6.Considering the limited scope of the relief sought for in this writ petition, this Court, without going into the merits of the case, directs the first respondent to consider the petition in T.R.No.9 of 2016 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Officer of the Record of Tenancy Rights/Tahsildar, Melur Taluk, Melur,Madurai District.

+ 1 cc TO Mr.M.Mohamed Sherbudeen , Advocate in SR No. 88601 + 1 cc TO The Special Government Pleader in SR No. 88217 dsk AE/SKN RSK/SAR3/04.12.2017/2P/4C ORDER MADE IN W.P(MD)No.21227 of 2017 17.11.2017 https://hcservices.ecourts.gov.in/hcservices/