Madras High CourtWP(MD)/26706/2022disposed of

Velsamy.N v. The Revenue Divisional Officer

2022-11-28Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.26706 of 2022 N.Velsamy ... Petitioner Vs The Revenue Divisional Officer, Palani, Dindigul District.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondent to dispose the recommendation in Na.Ka.No.3642/2021/S, dated 27.05.2022 passed by the Tahsildar, Oddanchathiram Taluk, Dindigul District. For Petitioner :Mr.N.Madhava Govindan For Respondent : Mr.D.Gandhiraj Special Government Pleader

ORDER

This petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondent to dispose of the recommendation in Na.Ka.No. 3642/2021/S, dated 27.05.2022 passed by the Tahsildar, Oddanchathiram Taluk, Dindigul District.

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2.Heard Mr.N.Madhava Govindan, learned counsel appearing for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader, who takes notice on behalf of the respondent.

3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4.It is the case of the petitioner that he is the owner of Survey Nos.60, 97and 100 at Appipalayam Village, Ottanchathiram Taluk, Dindigul District and there was no partition. In the subject property, sub-division was made on the representation submitted by one Subramaniam and his son namely Sivaraman, who have no right on the subject property. Hence, the petitioner approached the respondent and inspection was made by the Inspector of Survey and it was found that the documents are fabricated and entry was wrongly made in the revenue records. Thereafter, the Tahsildar, Oddanchathiram Taluk, Dindigul District, recommended the respondent to cancel the sub-division made in subject property and take action in this regard. But, till date no action was taken. Hence, the petitioner was compelled to file this petition. 2/4

5.The learned Special Government Pleader appearing for the respondent submitted that the recommendation of the Tahsildar, Oddanchathiram Taluk, Dindigul District would be acted upon within a stipulated time. 6.Considering the submissions made on either side, this Court, without going into the merits of the case, directs the respondent to consider the recommendation sent by the Tahsildar, Oddanchathiram Taluk, Dindigul District and pass appropriate orders on its own merits and in accordance with law, within a period of sixteen(16) weeks from the date of receipt of a copy of this order.

7.With the above direction, the Writ Petition is disposed of. No costs. 28.11.2022 Index : Yes/No Internet:Yes/No Rmk To The Revenue Divisional Officer, Palani, Dindigul District.

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V.BHAVANI SUBBAROYAN,J., Rmk W.P(MD)No.26706 of 2022 28.11.2022 4/4