Madras High CourtWP(MD)/18666/2021disposed of

Sarbutheen.N v. The Revenue Divisional Officer

2021-10-22Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P.(MD)No.18666 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2021

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.18666 of 2021 N.Sarbutheen ... Petitioner Vs.

1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Aruppukottai Town, Virudhungar District.

2. The Tahsildar, Taluk Office, Thiruchuli Taluk, Virudhunagar District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to consider and pass orders on the petitioner's representation dated 16.10.2020 within a stipulated period of time to be fixed by this Court.

For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.K.S.Selva Ganesan, Counsel for the State.

O R D E R

The petitioner seeks the early disposal of proceedings before the second respondent.

2. The petitioner claims title to the properties bearing Survey Nos.15/4, 15/5, 16/2B and 16/2C through his paternal grandfather's uncle, S.M.Sikkandar Basha Rowther. According to the petitioner, prior to the transition to the UDR scheme, the pattas stood in the name of S.M.Sikkandar Basha Rowther. After the transition to the UDR scheme, the patta was wrongly mutated in the name of one S.Mohamed Gani. Therefore, the petitioner approached the second respondent by submitting a representation dated 16.10.2020. Upon receipt thereof, the petitioner received an inquiry notice dated 15.12.2020. In spite of participating at the said inquiry, it is stated that the proceedings were not concluded. The petitioner also refers to the inquiry notice issued on 14.07.2021.

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W.P.(MD)No.18666 of 2021

3. Mr.K.S.Selva Ganesan, learned counsel for the State, accepts notice on behalf of both the respondents. He submits that the inquiry was last held on 22.07.2021. He also states that the Tahsildar has obtained the details of the current pattadars and that, therefore, notices would be issued to them to enable a reasonable opportunity before concluding the inquiry.

4. Given the limited scope of the present writ petition, it is not necessary to enter findings on the merits of the matter. Instead, it is sufficient to direct the second respondent to conclude the pending inquiry expeditiously after providing a reasonable opportunity to the petitioner and the current pattadars.

5. Therefore, W.P(MD).No.18666 of 2021 is disposed of by directing the second respondent to proceed with and conclude the inquiry pursuant to the petitioner's representation dated 16.10.2020 and the reminder dated 18.06.2021 after providing a reasonable opportunity to the petitioner and the current pattadars, namely, S.Mohamed Gani, S.Misagu Gani, Thothan, Murugesan and Thayamuthu. The said proceedings shall be concluded by issuing a reasoned order within a period of three months from the date of receipt of a copy of this order. There will be no order as to costs. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To

1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Aruppukottai Town, Virudhungar District.

2. The Tahsildar, Taluk Office, Thiruchuli Taluk, Virudhunagar District.

+1 CC to M/s.SPL.GP ( SR-32378[F] dated 25/10/2021 ) +1 CC to M/s.M.THIRUNAVUKKARASU, Advocate ( SR-32335[F] dated 25/10/2021 ) W.P.(MD)No.18666 of 2021 22.10.2021 RD/JC(01.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2