← Library
Madras High CourtWP(MD)/16010/2019disposed of

N.Mathiyalagan v. The District Revenue Officer

2019-07-18Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16010 of 2019 N.Mathiyalagan ... Petitioner -Vs1.The District Revenue Officer, Karur, Karur District.

2.The Revenue Divisional Officer, Karur, Karur District.

3.The Tahsildar, Karur Taluk, Karur District.

4.Annalakshmi ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 1st respondent to consider and pass orders on the petitioner's appeal dated 15.03.2019 to issue separate patta in the name of the petitioner regarding the land in S.No.438 of K.Pichampatti Village Group, Karur Taluk, Karur District to an extent of 10.54.8/10 Acres and in S.No.458 to an extent of 8.19.6/10 Acres.

For Petitioner : Mr.V.Kannan For Respondents : Mr.B.Bhagawathi, G.A.

For RR1 to 3

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the 1st respondent to consider and pass orders on the petitioner's appeal dated 15.03.2019 to issue separate patta in the name of the petitioner regarding the land in S.No.438 of K.Pichampatti Village Group, Karur Taluk, Karur District to an extent of 10.54.8/10 Acres and in S.No.458 to an extent of 8.19.6/10 Acres.

2.Heard Mr.V.Kannan, learned counsel appearing for the petitioner and Mr.B.Bhagawathi, learned Government Advocate appearing for the respondents 1 to 3. Since no adverse order is going to be passed against the 4th respondent, notice to her is dispensed with.

3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.

4.In order to get separate patta for the land in S.No.438 of K.Pichampatti Village Group, Karur Taluk, Karur District to an extent of 10.54.8/10 Acres and in S.No.458 to an extent of 8.19.6/10 Acres, the petitioner seems to have approached the 3rd respondent, who rejected the same. As against which, the petitioner filed an appeal before the 2nd respondent, who also, by order dated 21.01.2019 rejected the said appeal. Aggrieved over the same, the petitioner filed revision before the 1st respondent on 15.03.2019 and the same is pending before the 1st respondent. Therefore, the learned counsel appearing for the petitioner submits that, if the said appeal pending before the 1st respondent is decided on merits, within a time frame, the petitioner would be satisfied.

5.I have heard the learned Government Advocate appearing for the official respondents, who would submit that, the said said appeal pending before the 1st respondent would be decided on merits, within a time frame to be stipulated by this Court. 6.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following direction:

"The 1st respondent shall consider the revision of the petitioner dated 15.03.2019 and after giving an opportunity of being heard to the petitioner as well as the 4th respondent, decide the same on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. 7.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The District Revenue Officer, Karur, Karur District.

2.The Revenue Divisional Officer, Karur, Karur District.

3.The Tahsildar, Karur Taluk, Karur District.

+1 CC to M/s.SPL GP ( SR-76326[F] dated 19/07/2019 ) +1 CC to M/s.V.KANNAN, Advocate ( SR-76098[F] dated 18/07/2019 ) Order made in W.P.(MD)No.16010 of 2019 Dated:

18.07.2019 Arul JM/14.08.2019/3P-6C