Madras High CourtWP(MD)/21523/2017disposed of

Mokkayan S/O Poochithevar v. The Tahsildar

2017-11-22Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21523 of 2017 Mokkayan ... Petitioner Vs.

The Thasildar, The Record Officer under the Tamil Nadu Agricultural Land Record of Tenancy Rights Act, 1969, Taluk Office, Uthamapalayam, Theni District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondent to implement the order passed by his predecessor in office vide order dated 02.04.2008 in T.R. form No. 5/24/1998 which was confirmed in appeal vide order dated 12.01.2011 in Appeal No. 03/2009 on the file of Special Deputy Collector, Revenue Court, Madurai thereby considering the application received by the respondent on 03.06.2011 by effecting petitioner's name in the tenancy register maintained under Tamil Nadu Agricultural Land Record of Tenancy Rights Act,1969, within a time frame fixed by this Court.

For Petitioner : Mr.G.Vanjinathan For Respondent : Mr.M.Alagathevan Special Government Pleader

ORDER

This writ petition has been filed, seeking to direct the respondent to implement the order dated 02.04.2008 in T.R. form No. 5/24/1998 which was confirmed in Appeal No. 03/2009, on the file of Special Deputy Collector, Revenue Court, Madurai, by considering the application dated 03.06.2011 by effecting petitioner's name in the tenancy register within a time frame fixed by this Court.

2.Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/ 3.By consent, the writ petition is taken up for final disposal

at the stage of admission itself.

4.The petitioner would submit that he is the tenant of certain lands, and is carrying out agricultural operations. Since disputes with regard to the tenancy arose, petition, appeal and revision came to be filed and finally, all ended in favour of the petitioner. Hence, the petitioners in order to get his name registered as a tenant approached the respondent by way of a representation and lawyer's notice. Since the claim of the petitioner is pending, the petitioner is before this Court. 5.The learned Special Government Pleader appearing for the respondents, on instructions, fairly submitted that the representation of the petitioner would be considered on merits within the time stipulated by this Court.

6.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondent to consider the representation of the petitioner dated 03.06.2011 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 eight weeks from the date of receipt of a copy of this order, if already not passed.

7. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To The Thasildar, The Record Officer under the Tamil Nadu Agricultural Land Record of Tenancy Rights Act, 1969, Taluk Office, Uthamapalayam, Theni District.

+ 1 cc TO Mr.G.Vanjinathan , Advocate in SR No. 88786 + 1 cc TO The Special Government Pleader in SR No. 89070 dsk AE/SKN RSK/SAR1/07.12.2017/3P/4C ORDER MADE IN W.P(MD)No.21523 of 2017 22.11.2017 https://hcservices.ecourts.gov.in/hcservices/