Madras High CourtWP(MD)/18391/2016disposed of

V.Ramu, S/O.Vellaichamy, v. The District Revenue Officer,

2016-09-26Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.18391 of 2016 and W.M.P.(MD).No.13227 of 2016 V.Ramu

...Petitioner

Vs.

1.The District Revenue Officer, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Taluk Office, Avudaiyarkovil Post & Taluk, Pudukkottai District.

3.The Executive Engineer, Public Works Department (WRO), South Vellaru Basin Sub Division, Aranthangi Post, Pudukkottai District 4.The Assistant Executive Engineer, Public Works Department (WRO) Irrigation Section, Meemisal at Aranthangi, Aranthangi Post, Pudukkottai District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's Revision Petition dated 11.03.2016 and to issue Patta in favour of the petitioner's name for the occupied land in S.Nos.135, 136, 137,138 and 139 situated at Kannamangalam Village, Thirupunavasal, Avudaiyar Kovil Taluk , Pudukottai District and consequently forbearing the respondents from taking coercive steps against the petitioner.

For Petitioner : Mr.M.Saravana Kumar For Respondent : Mr.V.Muruganandam Additional Govt. Pleader

ORDER

The petitioner has filed this Writ Petition seeking a direction, directing the respondents to consider the petitioner's Revision Petition dated 11.03.2016 and to issue Patta in favour of

the petitioner for the occupied land in S.Nos.135, 136, 137, 138 and 139, situated at Kannamangalam Village, Thirupunavasal, Avudaiyar Kovil Taluk , Pudukottai District and consequently forbearing the respondents from taking coercive steps against the petitioner.

2.According to the petitioner, he is in possession and enjoyment of the agricultural lands in S.Nos.135, 136, 137, 138 and 139, situated at Kannamangalam Village, Thirupunavasal, Avudaiyar Kovil Taluk , Pudukottai District for more than 100 years. The petitioner's ancestors and some other village people purchased the above said property through court auction in the year 1905. Suddenly, the respondents have taken coercive steps to evict the petitioner from the said land on the ground that the lands are classified as 'Water Bed Area'. In the above circumstances, the petitioner and some other persons filed a writ petition before this Court in W.P.(MD).No.

18115 of 2015 and when the writ petition came up for hearing before a Division Bench of this Court, the learned Special Government Pleader submitted that the matter is relating to reclassification and reclassification has to be done only by the District Revenue Officer. Recording the above statement, the Division Bench disposed the writ petition stating that the authorities will decide the matter on its own merits and in accordance with law. Pursuant to the above order passed by a Division Bench of this Court, the petitioner filed a revision petition on 11.03.2016 and the said revision petition is still pending with the first respondent. After that, he made a representation before the first respondent to dispose of the revision petition filed by him. In spite of that, the first respondent has not taken any steps.

Hence, he has filed the present writ petition.

3.Heard the submissions made on either side and perused the documents carefully.

4.Since the revision petition filed by the petitioner is pending for a long period, the first respondent/District Revenue Officer, Pudukkottai District is directed to consider the revision petition filed by the petitioner, dated 11.03.2016 and pass orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. Till the disposal of the revision, the respondents will not take any action to evict the petitioner.

5.With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar(CS)

To 1.The District Revenue Officer, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Taluk Office, Avudaiyarkovil Post & Taluk, Pudukkottai District.

+1cc to Mr.M.Saravanakumar, Advocate in SR.55660 +1cc to the Special Government Pleader in SR.56092 W.P(MD)No.18391 of 2016 26.09.2016 vs PBK/CK 05.10.2016 ::3P-7C: