Kamalam v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024

CORAM:

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

1.The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.R.Sureshkannan 4.Dhanabakkiyam 5.Manonmani 6.Mahendran 7.Latha 8.Prabhakaran 9.Raja .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the 1st respondent to

dispose of the Revision Petition in Na.Ka.P5/3517/2022 dated 10.01.2022 filed by the petitioner within a time frame fixed by this Court.

For Petitioner :

Mr.K.Radhakrishnan For R1 & R2 :

Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner has filed this writ petition for a mandamus directing the first respondent to dispose of the Revision Petition filed by him in Na.Ka.P5/3517/2022, dated 10.01.2022.

2. The petitioner would submit that the properties which are the subject matter of the proceedings belonged to one Koothappa Udaiyar after whose demise, the same had devolved on his son Velu Udaiyar. Velu Udaiyar had two wives both named Rengammal. The first wife Rengammal is the petitioner's mother and he is the only son born to them. The second wife Rengammal had two sons viz., Kannusamy and Balusamy and a daughter Pushpam all of whom are dead. Velu Udaiyar

died on 31.03.2020 and Kannusamy, his son had fraudulently changed the patta in respect of the property in his name by claiming that Velu Udaiyar had executed a Will dated 16.03.1981 bequeathing the entire property on him. Even after the Will, Velu Udaiyar has been selling several properties which are the subject matter of the Will. Challenging the same, the third respondent had filed an appeal before the second respondent. The second respondent directed the parties to approach the civil Court for establishing their rights instead of cancelling the patta standing in the name of Kannusamy. Against the said order, the petitioner has filed a revision petition on 10.01.2022 and the same is yet to be taken up for disposal. Since the revision has not been taken up for disposal, on 07.09.2022, the petitioner has made a representation to the first respondent to dispose of his revision petition. However, there has been no response to the same. Therefore, he has come forward with the present writ petition.

3. Considering the fact that the petitioner had filed his revision as early as on 10.01.2022 and the same has not been disposed of, a

mandamus is issued to the first respondent to dispose of the petitioner's revision petition dated 10.01.2022 and pass orders within a period of six weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is allowed. No costs.

30.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

P.T.ASHA, J.

abr Dated: 30.08.2024