C.S.Vadivel @ Sundaravadivel v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN C.S.Vadivel @ Sundaravadivel ... Petitioner -Vs1.The District Revenue Officer, Madurai District, Madurai.

2.The Revenue Divisional Officer, Thirumangalam, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

4.Kondammal 5.P.Rameshkannan 6.M.Vijayalakshmi 7.M.Pitchai 8.R.Kamalam ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the first respondent to dispose of the Revision Petition pending before him in his proceedings in Na.Ka.G2/9319/11, dated 11.02.2011. For Petitioner : Mr.R.Sevugaraja For R1 to R3 : Mr.S.Angappan, Government Advocate.

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the first respondent to dispose of the Revision Petition pending before him in his proceedings in Na.Ka.G2/9319/11, dated 11.02.2011.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.Mr.S.Angappan, learned Government Advocate accepts notice on behalf of the respondents 1 to 3. Since no adverse order is 1/3

going to be passed against the respondents 4 to 8, notice to them is dispensed with.

4.According to the petitioner, the second respondent, by an order dated 29.12.2010, has dismissed the appeal filed by the petitioner, confirming the issuance of patta in respect of the property in Survey No.193/7 of Thirali II nd Pit Village of Thiurmangalam Taluk of Madurai District. Against the said dismissal order, though the petitioner has filed a revision petition before the first respondent, in which the first respondent has issued notice, on 11.02.2011, no effective steps have been taken in this regard thereafter. Hence, the petitioner has approached this Court, seeking aforesaid prayer. 5.

This Court, without going into the merits of the case and without affecting the rights of the respondents 4 to 8, directs the first respondent to dispose of the revision petition filed by the petitioner, if already not disposed of, within a period of three months from the date of receipt of a copy of this order. The first respondent shall also give an opportunity to the parties concerned before taking any decision. No extension of time shall be sought for by the first respondent, as the revision petition is pending before him from the year 2011 onwards. This case is a classical example, where the authority has not discharged his statutory duties provided in the Act.

When the Act provides that a petition has to be disposed of in a time bound manner as adumbrated under the Act, the authority concerned cannot sit over the petition endlessly to pass orders and in the present case, almost a decade is going to over by end of January, 2021 from the date of filing of the revision petition.

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

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2021 Sub Assistant Registrar(CS) Myr Note: In view of the present lock down owing to COVID-19 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.

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To 1.The District Revenue Officer, Madurai District, Madurai.

2.The Revenue Divisional Officer, Thirumangalam, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

Order made in 06.11.2020 KM (07.01.2021) 3P 4C 3/3