Ramakrishnan G v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.25433 of 2022 G.Ramakrishnan ... Petitioner Vs.

1.The District Revenue Officer, Madurai District, Madurai.

2.The Tahsildar, Madurai North Thasildar Office, Madurai 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 first respondent to pass orders on the appeal preferred by the petitioner, dated 03.10.2022, within the period that may be stipulated by this Court. For Petitioner : Mr.M.Jerin Mathew For Respondents : Ms.K.Christy Theboral Additional Government Pleader 1/5

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to pass orders on the appeal preferred by the petitioner, dated 03.10.2022.

2. The case of the petitioner is that he is in possession and enjoyment of the land in S.No.101/1 measuring an extent of 2 acres situated at Thenur, 1st Bit Village, Madurai North Taluk, Madurai for more than 25 years. The said land is a Government poramboke land. The petitioner is eligible to get assignment patta, as he is falling within the ambit of Section 15 of the Revenue Standing Orders. Hence, he made a representation dated 12.01.2022 to the respondents seeking assignment of patta in his favour. But no action is forthcoming from the respondents. Therefore, he filed a writ petition in W.P.(MD).No.6156 of 2022 and this Court by order dated 04.04.2022, directed the second respondent to consider the petitioner's representation, dated 12.01.2022 and pass final orders on merits and in accordance with law. However, the second respondent, without considering the facts and circumstances of the case, has rejected the claim of the petitioner, by order dated 27.07.2022. Challenging the same, the petitioner has filed an appeal before the first respondent on 03.10.2022 and the same is 2/5

still pending. Hence, the present writ petition.

3. Heard Mr.M.Jerin Mathew, learned counsel for the petitioner and Ms.K.Christy Theboral, learned Additional Government Pleader appearing for the respondents.

4. Considering the above facts, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to dispose of the appeal filed by the petitioner dated 03.10.2022, on merits and in accordance with law, after holding an enquiry and giving an opportunity to the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs. 09.11.2022 Index : Yes / No Internet : Yes/ No akv 3/5

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

2.The Tahsildar, Madurai North Thasildar Office, Madurai District.

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V.BHAVANI SUBBAROYAN, J.

akv W.P.(MD)No.25433 of 2022 09.11.2022 5/5