Panchavarnam v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2024

CORAM:

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

1.The Revenue Divisional Officer, Devakottai Revenue Divisional Office, Devakottai, Sivagangai District.

2.The Tahsildar, Thiruppathur, Sivagangai District.

3.Sevarkodiyon 4.Vallikannu .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to expedite and dispose their pending proceeding in e.f.m.1/9787/2023 by considering the 2nd respondent's proceedings dated 06.12.2023 within a period of stipulated time limit as fixed by this Court.

For Petitioner :

Mr.Na.Palaniyandi For R1 & R2 :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a writ of Mandamus to direct the first respondent to expedite and dispose of their pending proceeding in e.f.m. 1/9787/2023, by considering the 2nd respondent's proceedings dated 06.12.2023.

2.The petitioner has filed a petition seeks to cancel the forged patta obtained by the respondents 3 and 4 in Patta No.4531 of Velangudi Village and to revert back to its earlier status as Patta No.2864 of Velangudi Village.

3.This petition has been received on 28.02.2023 by the first respondent and on 21.04.2024 instructions were given to the second respondent to take suitable action. The petitioner would submit that the Village Administrative Officer has submitted a report on 06.12.2023, wherein he has stated that there is nothing to show the third respondent's usage of the above lands. The third respondent has also filed a suit in

O.S.No.89 of 2023 before the District Munsif Court, Thiruppathur, Sivagangai District, for permanent injunction and the same is still pending. Thereafter, the first respondent issued notice on 04.01.2024 and 25.06.2024 stating that enquiry to be conducted on 06.02.2024 and 02.07.2024 respectively. But no enquiry was conducted and the case is pending from 14.2.2023. Hence, the present writ petition is filed. 4.Considering the efflux of time, a mandamus is issued to the first respondent to expedite and dispose of the pending proceeding in Na.Ka.A1/9787/2023, within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition stands allowed. No costs.

10.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Ns

P.T.ASHA, J.

Ns To 1.The Revenue Divisional Officer, Devakottai Revenue Divisional Office, Devakottai, Sivagangai District.

2.The Tahsildar, Thiruppathur, Sivagangai District.

Dated: 10.09.2024