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Madras High CourtWP(MD)/7154/2017disposed of

A. Saravanan, v. District Revenue Officer,

2017-04-21Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.7154 of 2017 A.Saravanan ..Petitioner Vs 1.The District Revenue Officer, Theni District, Collector's Office, Theni.

2.K.Arumugam ..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 take up the Revision Petition filed against the order of Revenue Divisional Officer, Uthamapalayam in Pa.Mu.No.2333/2014/A4 dated 01.07.2016.

For Petitioner : Mr.N.Sundareshan For 1st Respondent : Mr.D.Muruganantham Additional Government Pleader

ORDER

The petitioner has approached this Court seeking a direction to the 1st respondent to take up the Revision Petition filed against the order of Revenue Divisional Officer, Uthamapalayam in Pa.Mu.No.2333/2014/A4 dated 01.07.2016.

2.The case of the petitioner is that his wife was allotted a piece of land in her name by the proceedings of Thasildar, Uthamapalayam in Na.Ka.No.1596/2003/A3 measuring an extent of 0.01.20 Sq. Mt. in Natham Survey No.759/35, Mela Sokkanathapuram Village, Bodi Taluk, Theni District. In the said piece of land, she had constructed a house and had been paying house tax and had been living in the house ever since the construction was put up. The petitioner's wife in the meanwhile died in 2007. Thereafter, the revenue records as claimed by the petitioner had been changed in his name and in the name of his two sons. While matter stood thus, it appears that the petitioner's father-in-law has given a https://hcservices.ecourts.gov.in/hcservices/

petition to the District Collector to cancel the patta in the name of the petitioner and his sons and to change the entry in the revenue records in his favour. However, the Revenue Divisional Officer appears to have rejected the representation of the petitioner's father-in-law. While so, in 2015, one Balashanmugam son of his father-in-law approached once again the Revenue Divisional Officer for grant of patta. According to the petitioner without proper application of mind and without giving appropriate opportunity to the petitioner, the Revenue Divisional Officer has cancelled patta granted to the petitioner's wife vide his order dated 01.07.2016. As against the cancellation of patta, the petitioner is said to have filed revision petition on 27.07.2016. Since there was no order passed by the first respondent, the petitioner has approached this Court for issuance of a Writ of Mandamus.

3.On notice, Mr.D.Muruganantham, the learned Additional Government Pleader had appeared for 1st respondent. According to the learned Additional Government Pleader a report was called for by the first respondent on 06.03.2017 and thereafter it appears no final order has been passed by the District Revenue Officer. 4.In such view of the matter, there shall be a direction to the first respondent to pass orders on the revision petition filed by the petitioner on 27.07.2016 as expeditiously as possible but not beyond the period of 6 weeks from the date of receipt of a copy of this order.

5.With these directions, this Writ Petition stands disposed of. There shall be no order as to costs.

sd/- Assistant Registrar(C) /True Copy/ Sub Assistant Registrar To 1.The District Revenue Officer, Theni District, Collector's Office, Theni.

+1cc to Special Government Pleader SR.No.53987 +1cc to Mr. M. Sundareshan, Advocate SR. No.53245 W.P(MD)No.7154 of 2017 21.04.2017 SDS/RR/04.05.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/