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Madras High CourtWP(MD)/18661/2024allowed

Neduncheliyan v. The District Revenue Officer

2024-09-10Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Neduncheliyan .. Petitioner Vs.

1.The District Revenue Officer, Office of the District Revenue Officer, Karur District.

2.The Revenue Divisional Officer, Sub Collector Office, N Pradhaksanam Road, Madavilagam, Karur-639 002.

3.The Tahsildar, Office of the Tahsildar, Kadavur Circle, Karur District.

4.The President, Representing Veerapathraswamy Templey, S.Ashokan.

.. Respondents (R4 is impleaded vide Court order, dated 19.08.2024 in W.M.P(MD)No.16830 of 2024) Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to complete the enquiry with

respect to file No. Omu.A1/2522/2020 within time frame fixed by this Court.

For Petitioner : Mr.K.Muthu Ganesa Pandian For R1 - R43 : Mr.B.Saravanan Additional Government Pleader For R5 : No Appearance

ORDER

The present writ petition has been filed seeking a mandamus to complete the enquiry with respect to file No. Omu.A1/2522/2020.

2. It is the contention of the petitioner that his father Rathinampillai was assigned with the property measuring an extent of 4.94 acres under a registered sale deed bearing document no.3174/43 and ryotwari patta was also issued to him by the Settlement Officer / Tahsildar. Since then, they have been in exclusive possession and enjoyment of the same. The revenue records for the patta stands in the name of his father and after his demise, it was transferred to the petitioner and his mother. Apparently, during the UDR, the land was wrongly changed into the name of Veerabathraswamy temple. In order to rectify this defect, the petitioner has filed a petition on 30.07.2020 before

the 1st respondent. The 1st respondent had given a communication memo to the 3rd respondent to conduct appropriate enquiry and submit a detailed report vide Omu.A1/2522/2020, dated 02.09.2020. Pursuant to which, the 3rd respondent had informed the petitioner to appear before him on 30.07.2021. Thereafter, there was no further progress on the same. Hence, the petitioner is before this Court.

3. When the matter came up for admission, this Court had directed the petitioner to implead the temple. Accordingly, the Temple was impleaded by the orders of this Court, dated 19.08.2024 as 4th respondent.

4. Though the 4th respondent has been served, there is no representation either in person or through counsel.

5. Considering the limited request, this writ petition is allowed directing the respondents to complete the enquiry with respect to file No.Omu.A1/2522/2020 and pass orders within a period of six (6) weeks from the date of receipt of copy of this order.

6. With the above direction, this Writ Petition stands allowed. No costs.

10.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Revenue Officer, Office of the District Revenue Officer, Karur District.

2.The Revenue Divisional Officer, Sub Collector Office, N Pradhaksanam Road, Madavilagam, Karur-639 002.

3.The Tahsildar, Office of the Tahsildar, Kadavur Circle, Karur District.

P.T.ASHA, J.

gbg 10.09.2024