C.Palaniyandi, v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 16.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) C.Palaniyandi ... Petitioner Vs.

1.The District Revenue Officer District Revenue Office, Trichy.

2.The Revenue Divisional Officer, Musiri Taluk Trichy District.

3.The Tahsildar, Musiri Taluk Trichy District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to issue patta in favour of the petitioner based on the revision petition dated 08.03.2014 within a time frame. For Petitioner :Mr.S.C.Herold Singh For Respondents :Ms.M.Rajeshwari Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the first respondent to dispose of the revision petition filed by the petitioner on 08.03.2014 within a time frame fixed by this Court.

2.The case of the petitioner is that the subject properties originally belonged to his maternal grandmother and she executed a Will in favour of the petitioner on 18.10.1989. On her death, the petitioner became entitled to the subject properties. The petitioner claims his right with regard to some of the properties from his father.

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3. The petitioner noticed that the revenue records were mutated in the name of persons, who had no right over the property. Hence, the petitioner filed an appeal before the second respondent seeking for removal of the names. The second respondent, by proceedings dated 16.12.2013 rejected the appeal filed by the petitioner. Aggrieved by the same, the petitioner filed a revision before the first respondent on 08.03.2014. Since there was no progress in the revision petition, the petitioner has approached this Court seeking for appropriate directions.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for by the petitioner, there shall be a direction to the first respondent to deal with the revision petition filed by the petitioner on 08.03.2014 on its own merits and in accordance with law and pass orders within eight weeks from the date of receipt of a copy of this order. The first respondent shall also issue notice to all the other interested parties before taking a final decision.

6. The petitioner is directed to make a fresh representation to the first respondent enclosing all the relevant documents along with a copy of this order.

7. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (crl) // 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. RR To 1.The District Revenue Officer District Revenue Office, Trichy.

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2.The Revenue Divisional Officer, Musiri Taluk Trichy District.

3.The Tahsildar, Musiri Taluk Trichy District.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-16155[F] dated 17/04/2021 ) +1 CC to M/s.SPL GP ( SR-16503[F] dated 19/04/2021 ) 16.04.2021 GS (30.04.2021) 3P 6C 3/3