Paramasivam v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR Paramasivam ... Petitioner -Vs1.The District Revenue Officer, District Collector Office (DRO), 2.The Tahsildar, Ponnamaravathi Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to dispose the proceedings regard to the Na.Ka.No.D3/20790/2018, dated 10.01.2019 by following the principle of the natural justice, within stipulated time may be fixed by this Court. For Petitioner : Mr.S.Ayyanar Premkumar For Respondents : Mr.B.Bhagawathy Government Advocate

ORDER

The prayer sought for in this writ petition is to direct the first respondent to dispose the proceedings in Na.Ka.No.D3/20790/2018, dated 10.01.2019.

2.Heard Mr.S.Ayyanar Premkumar, learned counsel appearing for the petitioner and Mr.B.Bhagawathy, learned Government Advocate appearing for the respondents.

3.With the consent of both sides, this writ petition is taken up for final disposal at the admission stage itself. 4.In respect of land at Survey No.728/2A at Thootiyampatty, Poonamaravathi Taluk, Puthukkottai District, the petitioner seems to have given a representation to make alteration in UDR patta and in this regard, the first respondent has sent a communication to the petitioner on 10.01.2019 stating that, on the request of the petitioner, the second respondent already forwarded the report, 1/3

wherein the settlement documents as well as the encumbrance certificate had not been annexed. Therefore, those documents were directed to be produced by the petitioner and pursuant to the said directive issued by the first respondent, the petitioner claimed to have produced those documents, by his reply dated 20.03.2019 and even after the submission of those documents, as required by the first respondent, the said issue sofar had not been decided and the same has been kept pending. Therefore, the learned counsel appearing for the petitioner would submit that, if the first respondent decides the said application of the petitioner dated 22.11.2017 on merits, based on the report submitted by the Tahsildar as well as the documents submitted by the petitioner, within a time frame, the petitioner would be satisfied.

5.I have heard Mr.B.Bhagawathy, learned Government Advocate appearing for the respondents, who would submit that, pursuant to the said directive issued by the first respondent, dated 10.01.2019, if the documents have already been produced by the petitioner, as claimed by him, based on which, final order would be passed by the first respondent, within a time frame.

6.Having regard to the said submissions made by both sides, this Court is inclined to dispose of this writ petition with the following directions;- "that the first respondent is hereby directed to decide the petitioner's request, dated 22.11.2017 on the basis of the report of the second respondent and also taking into account the documents submitted by the petitioner, dated 20.03.2019 on merits and in accordance with law and final order shall be passed, within a period of six weeks from the date of receipt of a copy of this order."

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

Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS- ) To 1.The District Revenue Officer, District Collector Office (DRO), 2/3

2.The Tahsildar, Ponnamaravathi Taluk, +1 CC to M/s.S.AYYANAR PREM KUMAR, Advocate ( SR-81065[F] dated 09/08/2019 ) +1 CC to M/s.SPL GP ( SR-81479[F] dated 13/08/2019 ) rmk ES/15.11.2019/3P/5C 3/3