T.Alagarsamy v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2016

CORAM:

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.(MD)No.20960 of 2016 T.Alagarsamy ... Petitioner Vs.

1. The Revenue Divisional Officer, Paramakudi, Ramanthapuram District.

2. The Thasildar, Kadaladi Taluk, Ramanthapuram District.

... Respondents Prayer:

The petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to issue patta in the petitioner's name relating to the property comprised in old Survey No.339/4C now changed after UDR in new Survey No.341/4C bearing new patta No.342 (punja land) measuring about 68 cents out of 1 acre and 10 cents situated at S.Keeranthai Village, S.Vagaikulam Group, Kadaladi Taluk, Ramanathapuram District based on the order passed by the 1st respondent dated 22.04.2016 as well as in the light of the certificate issued by the Village Administrative Officer dated 20.10.2016 within a time frame as fixed by this Court. For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.K.P.Krishnadoss, G.A.

O R D E R

This Writ petition has been filed to issue a Writ of Mandamus, directing the 2nd respondent to issue patta in the petitioner's name relating to the property comprised in old Survey No.339/4C (new Survey No.341/4C) bearing new patta No.342 (punja land) measuring about 68 cents out of 1 acre and 10 cents situated at S.Keeranthai Village, S.Vagaikulam Group, Kadaladi Taluk, Ramanathapuram District, based on the order passed by the 1st respondent dated 22.04.2016 as well as in the light of the certificate issued by the Village Administrative Officer dated 20.10.2016 within a time frame.

https://hcservices.ecourts.gov.in/hcservices/ 2.The petitioner claiming to be the owner of the property

in above said survey number and filed an application to the 2nd respondent to issue patta in his name. When no order is passed, he filed a Writ petition in W.P.(MD) No.18311 of 2015 seeking a direction to dispose of the representation. This Court by order dated 09.10.2015 directed the 2nd respondent herein to consider his representation and pass orders on merits and in accordance with law within a period of 8 weeks.

3.According to the 1st respondent by order dated 22.04.2016, directed the 2nd respondent to take necessary action based on the order passed by this Court. So far the 2nd respondent has not passed any order, the petitioner filed the present Writ petition.

4.Already this Court passed an order as early as on 09.10.2015 and thereafter, on 22.04.2016, the 1st respondent directed the 2nd respondent for taking necessary action, so far the 2nd respondent did not take any action. The inaction on the part of the 2nd respondent is highly deprecated. Hence, the 2nd respondent is directed to consider the application of the petitioner and pass orders on merits and in accordance with law after giving opportunity of hearing to the parties concerned within a period of 8 weeks from the date of receipt of a copy of this order.

The Writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Revenue Divisional Officer, Paramakudi, Ramanthapuram District.

2. The Thasildar, Kadaladi Taluk, Ramanthapuram District.

+ 1 CC TO Mr.B.PRAHALAD RAVI, ADVOCATE IN SR No. 65063 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 65273 NBJ TE/GSV-PM : 21/11/2016 : 2P/5C W.P.(MD)No.20960 of 2016 02.11.2016 https://hcservices.ecourts.gov.in/hcservices/