Jeyalakshmi v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.26247 of 2022 Jeyalakshmi .. Petitioner Vs.

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

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

3.The Tahsildar, Parmakudi Taluk, Ramanathapuram.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent herein to expedite the disposal of the proceedings initiated under Na.Ka.No.B5/9685/2016.

For Petitioner : Mr.K.R.Laxman For Respondents : Mr.A.Kannan Additional Government Pleader 1/4

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first respondent to to expedite the disposal of the proceedings initiated under Na.Ka.No.B5/9685/2016.

2.Heard Mr.K.R.Laxman, learned counsel for the petitioner and Mr.A.Kannan, learned Additional Government Pleader, who takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. 3.The grievance of the petitioner is that the first respondent is keeping the proceedings, initiated for issuance of patta, pending for the past five years without any reason.

4. The learned counsel for the petitioner submitted that the petitioner is the owner of the subject property. Since some names of the unknown persons were included in the patta regarding the said property, the petitioner made an application to cancel the patta issued in favour of third party and to issue patta in his name. The same was rejected. Challenging the same, the petitioner preferred an appeal before the first respondent. For the reasons best known to him the same is pending on his file without any progress for the past five 2/4

years. Hence, the petitioner has filed the present writ petition with the aforesaid prayer.

5.In view of the facts and circumstances of the case, no prejudice would be caused to the respondents, if the petitioner's appeal is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, as well as any other necessary party, whom the first respondent deems fit to enquire.

6.Considering the above said submissions, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to consider the petitioner's appeal in Na.Ka.No.B5/9685/2016 and pass appropriate orders, on merits and in accordance with law, after affording a fair hearing to the petitioner, as well as any other necessary party, whom the first respondent deems fit to enquire, within a period of sixteen [16] weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition is disposed of. No costs. 21.11.2022 Index : Yes/No Internet : Yes/No ta 3/4

V.BHAVANI SUBBAROYAN, J.

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

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

3.The Tahsildar, Parmakudi Taluk, Ramanathapuram.

Order made in W.P.(MD) No.26247 of 2022 21.11.2022 4/4