Sankara Vadivu Ammal v. The District Revenue Officer Cum District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Sankara Vadivu Ammal ... Petitioner Vs.

1.The District Revenue Officer-cum- District Collector, Tirunelveli District, Tirunelveli.

2.The Sub-Collector, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Nanguneri, Tirunelveli District.

4.Ganesan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st and the 2nd respondents to expedite the proceedings in revision/petition dated 17.12.2018 and to pass final orders within the stipulated by this Court.

For Petitioner : Mr.P.M.Vishnuvarthanan For R1 to R3 : Mr.V.Anand Government Advocate

ORDER

This Writ Petition is filed to direct the first and second respondents to expedite the proceedings in revision/petition dated 17.12.2018 and to pass final orders within the stipulated time. 2.Heard Mr.P.M.Vishnuvarthanan, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the first and second respondents.

3.According to the petitioner, originally, the property in Survey No.42/6A measuring an extent of 11 1⁄2 cents belonged to her mother and after the demise of her mother, the petitioner and her 1/3

sister are the owners of the said property. In the said circumstances, one Arumuga Perumal, who has owned adjacent property, has sold out the petitioner's property in Survey No.42/6 to one Esuvadian Babu. The said Esuvadian Babu, has sold the said property to the fourth respondent. Pursuant to which, the fourth respondent has obtained separate patta. Therefore, the petitioner has filed a revision petition before the District Revenue Officer on 17.12.2018 seeking to cancel the patta issued in the name of the fourth respondent. The said revision is pending . Since no action has been taken, the petitioner is before this Court.

4.The learned counsel appearing for the petitioner submitted that it would suffice if the revision petition filed by the petitioner dated 17.12.2018 is directed to be considered by the authority concerned.

5.In the light of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, is inclined to direct the second respondent to consider the petitioner's revision/petition dated 17.12.2018 and pass orders on merits and in accordance with law, as expeditiously as possible, preferably within a period of twelve(12) weeks from the date of receipt of a copy of this order, after providing opportunity to the parties concerned. It is made clear that if any final order is passed on the said revision/petition, the second respondent shall communicate the same to the petitioner.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AD) // True Copy // / /2020 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.

To 1.The District Revenue Officer-cum- District Collector, Tirunelveli District, Tirunelveli.

2/3

2.The Sub-Collector, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Nanguneri, Tirunelveli District.

+1 CC to M/s.P.M. VISHNUVARTHANAN, Advocate ( SR-14278[F] dated 17/08/2020 ) NS TK/SAR./26.08.2020/3P/5C 3/3