Selvanayagam v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2024

CORAM:

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

The District Revenue Officer, Dindigul, Dindigul District.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent herein to consider and dispose of the petitioner's revision petition dated 12.10.2023 in respect of Survey No.1245/6 measuring 0.80.0 Hec., Kookal Village, Kodaikanal Taluk, Dindigul District, within a reasonable time as may be fixed by this Court.

For Petitioner :

Mr.K.Appadurai For Respondent :

Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner seeks for a mandamus to the respondent to consider and dispose of his revision petition dated 12.10.2023 in respect of Survey No.1245/6 measuring 0.80.0 Hec., Kookal Village, Kodaikanal Taluk, Dindigul District.

2. The petitioner had been given an assignment patta in respect of the lands comprised in S.No.1245/6 as a welfare measure for rehabilitation to the citizens of India who had returned from Sri Lanka. Assignment patta was also issued to him. The petitioner would submit that he has put up a dwelling house and the same is assessed to property tax and all his public documents reflect the same address. Considering the fact that he has been in possession of the property for so long, he approached the Tahsildar, Kodaikanal for issue of regular patta. Since the Tahsildar, Kodaikanal refused to do so, the petitioner submitted an application dated 12.06.2019 to the respondent herein for grant of regular patta on the basis of the assignment order and assignment patta. As the petitioner's request did not yield any result, he approached this Court by

way of writ petition. This Court directed the respondents therein to consider the petitioner's application dated 12.06.2019 and pass final orders. Pursuant to the order passed by this Court, the Tahsildar, Kodaikanal directed the Regional Deputy Tahsildar, Circle Surveyor, Kodaikanal and Village Administrative Officer, Kookal to conduct field inspection and submit a report. On receiving the report, the Tahsildar, by his proceedings dated 11.08.2023 informed the petitioner that he is unable to decide the claim of the writ petitioner as per the order passed by this Court. Challenging the same, a revision has been preferred to the respondent on 12.10.2023, which to date has not been disposed of. Therefore, the petitioner is before this Court.

3. Considering the limited relief of the petitioner and also the fact that the petitioner is in possession of the petition mentioned property for so long, a mandamus is issued to the respondent to dispose of the revision filed by the petitioner and pass orders thereon before 29.08.2024.

4. With the above observations and direction, this Writ Petition is disposed of. No costs.

5. Post the matter 'for reporting compliance' on 29.08.2024. 07.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To The District Revenue Officer, Dindigul, Dindigul District.

P.T.ASHA, J.

abr Dated: 07.08.2024