Madras High CourtWP(MD)/15929/2020disposed of

Joseph Prabhakar v. The District Revenue Officer

2020-11-10Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD)No.15929 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P.(MD)No.15929 of 2020 Joseph Prabhakar ... Petitioner -vs1.The District Revenue Officer, Sivagangai Revenue District, Sivagangai.

2.Nagaraj 3.Periyanayagam 4.Rajeswari 5.Thamilarasi 6.Rathimala ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to dispose the revision petition filed by the petitioner in Na.Ka.No.B4/25025/18 within a specified time. For Petitioner : Mr.A.Mohan For Respondent 1 : Mr.P.Kannithevan Additional Government Pleader

ORDER

This writ petition is filed seeking issuance of a Writ of Mandamus directing the first respondent to dispose the revision petition filed by the petitioner in Na.Ka.No.B4/25025/18 within a specified time.

2.Heard the learned Counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader, who took notice for the first respondent. Since this Court is not going to pass any adverse orders against the respondents 2 to 6, notice to them is dispensed with.

3.It is represented by the learned counsel appearing for the petitioner that the property measuring to an extent of 5 acres and 22 cents in Survey No.335/3 situated at Kurunthani Variyenthal Village, Kalaiyarkovil Taluk, Sivagangai District was originally belonged to the petitioner's grandfather by name Savarimuthu. After his demise, the property was devolved upon the petitioner's father by name Gabrieal. The petitioner's father executed a registered Will on favour of the petitioner on 25.06.2009 and he died on 03.08.2017. Thereafter, as per the Will the petitioner is in possession and enjoyment of the property. While so, during UDR scheme, an entry was wrongly made in the revenue records in the name https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15929 of 2020 of the second respondent and one Karuppiah. Based on the wrong entries made in the revenue records, the respondents 2 to 6 are disturbing the petitioner's peaceful possession and enjoyment. Therefore, the petitioner filed a revision petition before the first respondent to set aside the wrong entries made in the patta. Though the first respondent had directed the petitioner and the respondents 2 to 6 to appear before him on 21.06.2019 and they have also appeared before him on the said date, no further action has been taken by the first respondent to dispose of the revision. Hence, the petitioner has come forward with the present Writ Petition.

4.Considering the facts and circumstances of the case and that no prejudice will be caused to the respondents 2 to 6, if a direction is given to the first respondent to dispose of the revision. Accordingly, the first respondent is directed to dispose of the revision made by the petitioner vide Na.Ka.No.B4/25025/2018, within a period of 120 days from the date of receipt of a copy of this order, after affording an opportunity of hearing to the concerned parties.

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

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) To The District Revenue Officer, Sivagangai Revenue District, Sivagangai.

+1 CC to M/s.SPL GP ( SR-22071[F] dated 18/11/2020 ) W.P(MD)No.15929 of 2020 10.11.2020 ARK(CO) KB(09.12.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2