S.Kannan v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2020

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE S.Kannan .. Petitioner Vs.

The District Revenue Officer, Sivagangai, Sivagangai District.

.. Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondent to complete the proceedings pending in Na.Ka.C3/10885/15, within reasonable time.

For Petitioner : Mr.J.Senthil Kumar For Respondent : Mrs.M.Rajeswari Government Advocate

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondent to complete the proceedings pending in Na.Ka.C3/10885/15, within time frame to be fixed by this Court.

2. Mrs.M.Rajeswari, learned Government Advocate accepts notice on behalf of the respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard Mr.J.Senthil Kumar, learned counsel for the petitioner and Mrs.M.Rajeswari, learned Government Advocate for the respondent.

4. It is the case of the petitioner that in the year 1963, the Government granted patta for persons, who are cultivating lands adjoining to the Gowri Vinayagar Kovil, Sivagangai. According to him, the trustee of the Temple filed a petition before the Settlement Tahsildar (Minor Inams), Unit No.1 at Madurai, in proceedings S.R.No.921/M.I.ACT/SVG/67. According to the petitioner, on 01.10.1967, the said proceedings ended in his favour. Aggrieved by the same, the Trustee of Gowri Vinagagar Kovil Temple preferred an appeal before the respondent. According to him, the proceedings were also initiated by the respondent in Na.Ka.C3/10885/15. 1/3

5. It is the case of the petitioner that the respondent has also issued summons to the parties on 04.06.2019 and the petitioner has also received the same. According to the petitioner, even though proceedings were initiated in the year 2015 itself, till date, the respondent has not passed final orders on the appeal filed by the trustee of Gowri Vinayagar Kovil Temple. In such circumstances, the petitioner has sought for a Mandamus seeking for a direction to the respondent to complete the proceedings pending in Na.Ka.C3/10885/15 initiated by the respondent, as expeditiously as possible.

6. Mrs.M.Rajeswari, learned Government Advocate for the respondent on instructions would submit that since several parties will have to be heard, there is delay on the part of the respondent in completing the proceedings. She would further submit that the proceedings initiated by the respondent in Na.Ka.C3/10885/15 can be completed within a period of twelve weeks from the date of receipt of a copy of this order.

7. No prejudice will be caused to the respondents if the relief sought for in this Writ Petition is granted in favour of the petitioner.

8. For the foregoing reasons, this Court directs the respondent to pass final orders in the proceedings passed by the respondent in Na.Ka.C3/10885/15 on merits and in accordance with law, after hearing the necessary parties including the petitioner, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

9. With the aforesaid direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg 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 The District Revenue Officer, Sivagangai, Sivagangai District.

+1 CC to the SPL GP ( SR-23359[F] dated 30/11/2020 ) 27.11.2020 MA(CO) CS(07.12.2020) 3P 3C 3/3