Madras High CourtWP(MD)/25224/2024allowed

P. Anbalagan v. The Revenue Divisional Officer

2024-10-23Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024

CORAM:

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

1.The Revenue Divisional Officer, Vannankovil, Dindigul Road, Trichy, Trichy District.

2.The Tahsildar, Srirangam Taluk, Trichy District.

3.Bharathidasan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the 1st respondent to dispose the proceedings in Na.Ka.A3-833-2013, dated 04.02.2019 on the file of the 1st respondent within the time frame that may be fixed by this Court.

For Petitioner :

Mr.V.Karuna

For R1 & R2 :

Mr.P.Thambidurai Government Advocate

ORDER

A mandamus is sought to the 1st respondent to dispose of his proceedings in Na.Ka.A3-833-2013, dated 04.02.2019 pending on his file.

2. The said appeal has been filed by the 3rd respondent challenging the issuance of patta in favour of the petitioner. Despite two notices for enquiry, dated 04.09.2018 and 25.09.2018 had been issued by the 1st respondent, the 3rd respondent did not appear for enquiry on the stipulated date. Thereafter, the enquiry notice, dated 04.02.2019 was once again issued for enquiry on 18.02.2019. Even for this notice, the 3rd respondent had not attended to this enquiry. After which, no further enquiry was held by the 1st respondent constraining the petitioner to file this writ petition.

3. Heard the learned counsel on either side.

4. The 3rd respondent who has filed an appeal appears to be deliberately keeping away from the enquiry so as to keep the appeal pending. Therefore, a mandamus is issued to the 1st respondent to conclude the enquiry irrespective of the presence or otherwise of the 3rd respondent within a period of four (4) weeks from the date of receipt of copy of this order.

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

23.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Revenue Divisional Officer, Vannankovil, Dindigul Road, Trichy, Trichy District.

2.The Tahsildar, Srirangam Taluk, Trichy District.

P.T.ASHA, J.

gbg 23.10.2024