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Madras High CourtWP(MD)/17349/2021disposed of

Shenbagaraman S v. The District Collector

2021-09-27Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY S.Shenbagaraman ... Petitioner Vs.

1.The District Collector, Collectorate Campus, Ramanathapuram, Ramanathapuram District.

2.The District Revenue Officer, Office of the District Revenue, Paramakudi Taluk, Ramanathapuram District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Paramakudi Taluk, Ramanathapuram District.

4.The Tashildar.

Office of the Tashildar, Paramakudi Taluk, Ramanathapuram District.

5.Mr.Neelamegam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the thrid respondent to dispose the revision petition preferred by the petitioner dated 04.09.2021 and consequently directing the third respondent to cancel the modified patta in survey numbers in S.Nos.110/5B, 75/6A, 110/5A, 75/6B, 71/5, 26/4A2, 71/8A,71/9, 73/1, 76/9, 72/2A, 70/3, 70/4, 88/2B, 10/2, 24/8, 26/9, 39/10A, 67/1A, 67/1C, 72/8B, 93/3, 109/2B, 110/6, 112/3 73/12, 76/8, 22/2, 22/9, 28/9A, 29/7A, 31/1A, 34/2, 72/2B, 71/1, 70/1, 70/2, 71/7, 71/8B of an extent of 21.50, 18.00, 220, 18.00, 16.00, 11.00, 2.00, 61.00, 11.00, 85.00, 22.50, 20.00, 28.50, 71.00, 54.00, 85.50, 11.00, 22.00, 1.50, 5.50, 20.00, 16.00, 67.00, 11.50, 19.00, 6.00, 26.00, 19.50, 14.00, 28.00, 12.50, 19.50, 46.00, 46.00, 11.00, 14.50, 2.00, 2.50 in Vadavaneri Village, Paramakudi Taluk, Ramanthapuram District and restore it to the original position as it stood earlier within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For R1 to R4 : Mr.P.Subbaraj Counsel for State 1/3

ORDER

The petitioner seeks the early disposal of the revision petition filed before the District Revenue Officer. 2.The petitioner states that several properties stand in the name of one M.Ramasamy, who is the petitioner's paternal grandfather. The patta in respect thereof was issued in the names of the petitioner's father and the fifth respondent. Subsequently, it is alleged that the fourth respondent mutated the patta in the name of the fifth respondent without verifying the records. In these circumstances, a revision petition was filed before the District Revenue Officer. The petitioner seeks the expeditious disposal thereof.

3.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of respondents 1 to 4. On instructions, he submits that a report has been called for from the jurisdictional Revenue Divisional Officer. Therefore, he states that the second respondent may be directed to dispose of the appeal within a reasonable time frame.

4.Given the limited scope of the present writ petition, it is not necessary to enter findings on the merits thereof. Instead, it is sufficient to direct the second respondent to dispose of the pending petition expeditiously after putting the petitioner and the fifth respondent on notice.

5.Accordingly, the second respondent is directed to consider and dispose of the revision petition dated 04.09.2021 within a period of three (3) months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and the fifth respondent. On account of the fact that the merits of the matter have not been gone into and because the second respondent has been directed to hear the fifth respondent before taking a decision, the Writ Petition is disposed of without notice to the fifth respondent.

6.W.P(MD).No.17349 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) sn/sji 2/3

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.

To 1.The District Collector, Collectorate Campus, Ramanathapuram, Ramanathapuram District.

2.The District Revenue Officer, Office of the District Revenue, Paramakudi Taluk, Ramanathapuram District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Paramakudi Taluk, Ramanathapuram District.

4.The Tashildar.

Office of the Tashildar, Paramakudi Taluk, Ramanathapuram District.

+1 CC to M/s.T.LAJAPATHY ROY, Advocate ( SR-30420[F] dated 28/09/2021 ) +1 CC to M/s.SPL.GP ( SR-30469[F] dated 28/09/2021 ) 27.09.2021 RK (04.10.2021) 3P 7C 3/3