Udaiyammai v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P(MD)No.15386 of 2021 Udaiyammai : Petitioner vs.
1.The District Revenue Officer, O/o. The District Revenue Office, Sivagangai District, Sivagangai.
2.The Revenue Divisional Officer, Revenue Divisional Office.
Masjid Road, Sivagangai Town & District.
3.The Tahsildar, Taluk Office, Ilayangudi Taluk, Sivagangai District.
4.The Village Administrative Officer, Nenjathoor Group, Kandani Village, Ilayangudi Taluk, Sivagangai District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent not to take any action in evicting her from her house property situated in Survey No.118/9 measuring to an extent of 0.01.34 Sq.mtrs at Kandani Village, Nenjathoor Group, Mela Sethur (Post), Ilayangudi Taluk, Sivagangai District without providing her sufficient time to exercise her right of approaching the Civil Forum to establish her right over the house property based on the petitioner's representation, dated 16.09.2021 made to the third respondent.
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For Petitioner : Mr.S.P.Naveen Kumar For Respondents : Mr.B.Saravanan Government Advocate
O R D E R
[Order of the Court was made by M.DURAISWAMY.,J.] The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the third respondent not to take any action in evicting her from the house situated in Survey No.118/9, measuring to an extent of 0.01.34 square mtr at Kandani Village, Nenjathoor Group, Mela Sethur Village, Ilayangudi Taluk, Sivagangai District, without providing her sufficient time to exercise her right of approaching the Civil Forum to establish her right over the house property, based on the petitioner's representation, dated 16.09.2021 made to the third respondent.
2.When the Writ Petition is taken up for hearing today, Mr.B.Saravanan, learned Government Advocate taking notice for the respondents, submitted that the Commissioner of Land Administration, Chepauk, Chennai had already allowed the revision petition by setting aside the order of the District Revenue Officer, Sivagangai, the first respondent herein and remitting the matter back to the first respondent to conduct an enquiry and pass appropriate orders on merits, by adopting due procedures of law. 3.The learned Counsel appearing for the petitioner submitted that in view of the order passed by the Commissioner of Land Administration, Chepauk, Chennai, dated 30.09.2021, the Writ Petition may be closed.
4.In view of the submission made by the learned Counsel appearing on either side and also the order passed by the Commissioner of Land Administration,Chepauk, Chennai, dated 30.09.2021, the Writ Petition stands closed. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.
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To 1.The District Revenue Officer, O/o. The District Revenue Office, Sivagangai District, Sivagangai.
2.The Revenue Divisional Officer, Revenue Divisional Office.
Masjid Road, Sivagangai Town, Sivagangai District.
3.The Tahsildar, Taluk Office, Ilayangudi Taluk, Sivagangai District.
4.The Village Administrative Officer, Nenjathoor Group, Kandani Village, Ilayangudi Taluk, Sivagangai District.
5.The Commissioner of Land Administration, Chepauk, Chennai, +1 CC to M/s.G.THALAIMUTHARASU, Advocate ( SR-32222[F] dated 22/10/2021 ) +1 CC to M/s.SPL.GP ( SR-32241[F] dated 22/10/2021 ) W.P(MD)NO.18671 of 2021 and W.M.P(MD)No.15386 of 2021 21.10.2021 KS(CO) KB(01.11.2021) 3P 8C 3/3