Madras High CourtWP(MD)/3167/2017disposed of

Angammal, v. The Revenue Divisional Officer

2017-04-21Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.3167 of 2017 Angammal ..Petitioner Vs 1.The Revenue Divisional Officer, R.D.O. Office, Usilampatti, Usilampatti, Madurai District.

2.The Thasildar, Taluk Office, Peraiyur, Peraiyur, Madurai District.

3.The Village Administrative Officer, V.A.O. Office, Thullukuttinayakanur, Peraiyur Taluk, Madurai District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to dispose the petitioner's appeal petition dated 19.01.2017 in the light of the proceedings issued by the 1st Respondent in O.Mu.No.940/13/A-2 dated 14.09.2013 within a stipulated time that may be fixed by this Hon'ble Court. For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.D.Muruganandam Additional Government Pleader

ORDER

The petitioner has approached this Court seeking a direction to the 1st respondent to dispose of the petitioner's appeal petition dated 19.01.2017 in the light of the proceedings issued by the 1st Respondent in O.Mu.No.940/13/A-2 dated 14.09.2013 within a time frame.

2.According to the petitioner, she has purchased an agricultural property measuring an extent of 1 Acre 56 cents situated in Survey No.304/4A, Thullukuttinayakonar Village,

Madurai District through a registered sale deed vide doucment No.704 of 1999. The second respondent has also issued a patta to the extent of 0.63.50 Ares and the patta number is 2931. In the said circumstances, the second respondent without measuring and verifying the land, issued patta in the name of Meenammal. Therefore, the petitioner gave a representation to the second respondent as well as the first respondent dated 29.12.2012 and 12.06.2013 respectively and requested to cancel the patta granted in favour of Meenammal. Thereafter, it appears that the first respondent has issued proceedings dated 14.09.2013 and directed the second respondent to inspect the land for taking appropriate action on the petitioner's petition. Inspite of the proceedings issued as early as in 2013, till date not action is forthcoming. Therefore, the petitioner has approached this Court seeking to issue a Writ of Mandamus.

3.Mr.D.Muruganantham, the learned Additional Government Pleader appearing for the respondents has no objection for giving a limited direction to the first respondent to dispose of the appeal petition filed by the petitioner.

4.In view of the submissions made by the learned counsel appearing for the parties, this Writ Petition is disposed of with a direction to the first respondent to pass orders on the revision petition dated 19.01.2017, said to have been made by the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

Sd/- Assistant Registrar(Co) /True copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, R.D.O. Office, Usilampatti, Usilampatti, Madurai District.

2.The Thasildar, Taluk Office, Peraiyur, Peraiyur, Madurai District.

3.The Village Administrative Officer, V.A.O. Office, Thullukuttinayakanur, Peraiyur Taluk, Madurai District.

+1 cc to Mr.S.Karunanidhi , Advocate in SR.No. 53498 +1 cc to Special Government Pleader in SR.No:53986 sj AE/RSK/09.05.2017/3P/6C W.P(MD)No.3167 of 2017 21.04.2017