M.Joseph, S/O.Nayagam, v. The District Collector,
W.P.(MD)No.1469 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.09.2020
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.1469 of 2018 N.Joseph
...Petitioner
Vs 1.The District Collector, Thanjavur District, Thanjavur.
2.The Revenue Divisional Officer, Thanjavur District, Thanjavur.
3.The Tahsildar, Budalur Taluk, Thanjavur District.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to pass necessary orders in respect of reassignment of the petitioner's property situated in S.No.30/20 running to an extent of 1 Acre 19 cents at Muthuveerakandiyanpatti Village, Budalur Taluk, Thanjavur District in the light of the proceedings of the 3rd respondent made in Na.Ka.No.7372/2017/Aa2 dated 08.06.2017.
For Petitioner : Mr.P.Saravanakumar For Respondents : Mr.M.Pandiarajan Additional Government Pleader
ORDER
This Writ Petition is filed to direct the 2nd respondent to pass appropriate orders for the reassignment of the property in S.No.30/20 situated at Muthuveerakandiyanpatti Village, Budalur Taluk, Thanjavur District, in the light of the proceedings of the 3rd respondent in Na.Ka.No.7372/2017/Aa2 dated 08.06.2017. 2.The grievance of the petitioner is that though he made a representation dated 17.04.2017 to the 2nd respondent with the relief sought for in the prayer, so far no action has been taken. Hence, the present writ petition.
3.In reply, the learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the 3rd respondent / the Tahsildar, Budalur Taluk, Thanjavur District had submitted a report dated 08.06.2017, before the 2nd respondent / Revenue Divisional Officer, Thanjavur District, Thanjavur, relating https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.1469 of 2018 to transfer the patta in favour of the petitioner for the petition mentioned property. He would further submit that based on the said report, appropriate orders will be passed by the 2nd respondent on the petitioner's representation dated 17.04.2017 under Clause 45 of the Revenue Standing Order at an earliest.
4.In view of the submission made by the learned Additional Government Pleader, this Court, without expression any opinion on the merits of the case, is inclined to pass the following direction:- i) the 2nd respondent is directed to consider the petitioner's representation dated 14.07.2017 and pass appropriate final orders on merits and in accordance with law, after providing opportunities to the parties concerned, if necessary;
ii) the aforesaid exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order; 5.This Writ Petition stands disposed of, with the above directions. No costs.
Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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 1.The District Collector, Thanjavur District, Thanjavur.
2.The Revenue Divisional Officer, Thanjavur District, Thanjavur.
3.The Tahsildar, Budalur Taluk, Thanjavur District.
+1 CC to M/s.GP ( SR-17687[F] dated 22/09/2020 ) W.P.(MD) No.1469 of 2018 21.09.2020 KG(CO) KK(29.09.2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2