Ayyana Kutty.R v. The District Revenue Officer
W.P(MD)No.18313 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.18313 of 2021 R.Ayyana Kutty, ... Petitioner Vs.
The District Revenue Officer, Dindigul.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondent herein to pass final orders in the revision petition filed by the petitioner in Na.Ka.No.15316/2020/AA6 dated 11.12.2020 on merit and in accordance with law, within a reasonable time as may be fixed by this Hon'ble Court.
For Petitioner : Mr.K.Doraisami, Senior Counsel For Mr.Muthumani Doraisami For Respondent : Mr.P.Subbaraj Counsel for State
ORDER
The petitioner seeks the expeditious disposal of the petition filed before the respondent herein.
2. The petitioner claims title to the property admeasuring about 2.81 1⁄2 acres in the aggregate bearing Survey Nos.748/1, 745, 420/1, 745/3, 745/5, 251/2, 226, 405/2 and 415 at Ottanchathiram Village, Dindigul District. The petitioner traces title to the said properties through the petitioner's great-grand father, Palaniyandi Nadar, and his brother Karuppa Nadar. According to the petitioner, the said property was mortgaged in favour of A1216 Dindigul Agricultural Producers Cooperative Marketing Society Limited. In spite of offering the entire amount due for redemption of the mortgage, it is stated that the relevant property was brought to sale. Therefore, a dispute ensued between the petitioner and the auction purchaser. The petitioner refers to the inquiry notice dated 11.12.2020 from the respondent. It is submitted that in spite of participating at the said inquiry and filing written submissions, the inquiry has not been concluded https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.18313 of 2021 till date.
3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of the sole respondent. He submits that the respondent may be directed to consider and dispose of the pending proceedings within a reasonable time frame.
4. The petitioner has enclosed a copy of the inquiry notice dated 11.12.2020. A copy of the written submissions filed in the relevant proceedings are also enclosed. As such, the respondent should consider and dispose of the pending proceedings expeditiously. For such purpose, it is not necessary to enter any findings on the merits of such dispute in the present proceedings.
5. Accordingly, W.P.(MD).No.18313 of 2021 is disposed of by directing the respondent to proceed with and conclude the proceedings bearing Na.Ka.No.15316/2020/AA6 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, the auction purchaser and any other party to the relevant proceedings. There will be no order as to costs.
Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg/nsr 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 The District Revenue Officer, Dindigul.
+1 CC to M/s.MUTHUMANIDORAISAMI, Advocate (SR-32025[F] dated 20/10/2021) +1 CC to M/s.SPL.GP (SR-32078[F] dated 21/10/2021) W.P(MD)No.18313 of 2021 20.10.2021 PS(CO)/SB(01.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2