M.Jeyaprahas, S/O.Maripandian, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2016 C O R A M THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.18990 of 2016 M. Jeyaprahas .. Petitioner Vs

1. The District Collector, Tuticorin District, Korampallam, Tuticorin - 628 101.

2. The District Revenue Officer, Collectorate, Korampallam, Tuticorin - 628 101.

3. The Revenue Divisional Officer, Tuticorin District, Kovilpatti - 628 501.

4. The Tahsildar, Vilathikulam Taluk, Vilathikulam - 628 907.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider the report dated 10.03.2015 made by the fourth respondent in Na.Ka.No.B8/288/2015, pertaining to the cancellation of sub-division in S.No.94/30 in Nagalapuram Village, in Vilathikulam Taluk, Tuticorin District and pass appropriate orders to grant the Revenue Patta in the name of the petitioner, for his possession and enjoyment of the part of Survey No.94/29 in Nagalapuram Village, in Vilathikulam Taluk, Tuticorin District, within the time frame fixed by this Court.

For Petitioner : Mr.N.Subramanian For Respondents : Mr.V.Muruganandham Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the second respondent to consider the report dated 10.03.2015 made by the fourth respondent in Na.Ka.No.B8/288/2015, pertaining to the cancellation of sub-division in S.No.94/30 in Nagalapuram Village, in Vilathikulam Taluk, Tuticorin District and pass appropriate orders to grant the Revenue Patta in the name of the petitioner, for his possession and enjoyment of the part of Survey No.94/29 in

Nagalapuram Village, in Vilathikulam Taluk, Tuticorin District, within the time frame fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. By consent, the Writ Petition itself is taken up for final disposal.

4. The petitioner filed an application for cancellation of sub-division in S.No.94/30, before the second respondent/District Revenue Officer. The second respondent directed the fourth respondent/Tahsildar to conduct enquiry and submit the report before the second respondent. Pursuant to the same, the fourth respondent conducted the enquiry and submitted the report before the second respondent and the same is pending with the second respondent, since no order has been passed. Hence, the petitioner filed the Writ petition.

5. Since already the enquiry completed by the fourth respondent, now it is expected that the second respondent should pass orders expeditiously.

6. In the above circumstances, the second respondent/District Revenue Officer is directed to conduct enquiry, after giving notice to the petitioner and the rival claimants, if any. After completing the enquiry, the second respondent is directed to pass appropriate order on merits in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar To

1. The District Collector, Tuticorin District, Korampallam, Tuticorin - 628 101.

2. The District Revenue Officer, Collectorate, Korampallam, Tuticorin - 628 101.

3. The Revenue Divisional Officer, Tuticorin District, Kovilpatti - 628 501.

4. The Tahsildar, Vilathikulam Taluk, Vilathikulam - 628 907.

+1 CC to M/s.S.SUBBIAH Advocate, SR No.58203 W.P.(MD)No.18990 of 2016 30.09.2016 pmu SH/DB:20.10.2016:3P/6C