Chellaiah Konar v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Chellaiah Konar ... Petitioner Vs 1.The District Revenue Officer, Tirunelveli Presently Tenkasi, Tirunelveli District Presently Tenkasi District.

2.The Revenue Divisional Officer, Tirunelveli Presently Sankarankovil, Tenkasi District.

3.The Tahsildhar, Sankarankovil Taluk, Tenkasi District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to implement the order passed by the 1st respondent in Review Petition No.Ka2./9/2007 dated 01.08.2008. For Petitioner : Mr.J.Karthick For Respondents : Mr.M.Sarangan Additional Government Pleader 1/5

O R D E R

The case of the petitioner is that the District Revenue Officer,Tenkasi has passed an order in Review Petition No.Ka2./9/2007 on 01.08.2008, declaring that the disputed property belongs to the petitioner. The third respondent/the Tahsildar, Tenkasi has to take a decision based on the order of the District Revenue Officer. Since no action has been taken by the third respondent on the ground of bifurcation of the Tirunelveli District into Tenkasi District, the petitioner is before this Court. 2.The learned counsel appearing for the petitioner submits that the petitioner is aged about 81 years and he wants to settle his property in favour his legal heirs. However, taking advantage of the inaction on the part of the third respondent, the third parties are attempting to interfere with the petitioner's possession. Hence, a suitable direction may be issued to the third respondent to implement the order of the first respondent/ the District Revenue Officer,Tenkasi.

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3.Mr.M.Sarangan, learned Additional Government Pleader, who takes notice for the respondents by producing a proceedings of the Tahsildar, Sankaran Kovil submits that the Tahsildar has considered the order of the District Revenue Officer,Tenkasi and has taken a decision in Na.Ka.No. 1343/2022/B4, dated 05.09.2023. Copy of the proceedings has also been furnished to the petitioner.

4.Recording the submission made by the learned Additional Government Pleader, this writ petition is closed. No costs.

25.09.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn 3/5

To 1.The District Revenue Officer, Tenkasi, Tenkasi District.

2.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

3.The Tahsildhar, Sankarankovil Taluk, Tenkasi District.

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B.PUGALENDHI, J.

vrn Order made in 25.09.2023 5/5