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Madras High CourtWP(MD)/29022/2024disposed of

M.Seenimaideen v. The District Revenue Officer

2024-12-04Honourable Mrs Justice N. Mala5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA M.Seenimaideen ... Petitioner Vs.

1.The District Revenue Officer, Office of the District Revenue Officer, Sivagangai, Sivagangai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sivagangai, Sivagangai District.

3.The Thasildar, Taluk Office, Ilayangudi, Sivagangai District.

4.The Executive Officer, Selection Grade Panchayat, Ilayangudi, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to dispose of the appeal dated 04.11.2024 in a time bound manner. 1/5

For Petitioner : Mr.D.Senthil For R1 to R3 : Mr.R.Ragavendran Government Advocate For R4 : Mr.Vairam Santhosh Additional Government Pleader

O R D E R

The petition has been filed for a direction to the first respondent to dispose of the petitioner's appeal, dated 04.11.2024

2. The petitioner's father purchased the property in S.No.376 to an extent of 0.00.30 square meter in Gandhiji Road, Pudur, Ilayangudi Taluk under registered sale deed, vide Document No.821 of 1965. During UDR scheme, the petitioner's father's property was erroneously classified as Sethuvanthan Oorani. On coming to know about the erroneous classification, the petitioner filed several representations to the third respondent to issue patta in his favour by removing the wrong entry. The third respondent on 01.10.2024, directed the petitioner to approach the first respondent. In pursuance of the direction of the third respondent, the petitioner filed an appeal before the first respondent. While so, Section 7 notice under Land Encroachment Act was issued to the petitioner. In view of the Section 7 notice, the petitioner approached this Court 2/5

for speedy disposal of the appeal, which is kept pending before the first respondent.

3. The petitioner has approached this Court for writ of Mandamus for disposal of his appeal within a time frame without submitting representation to the first respondent and even without affording an opportunity to the first respondent to consider his appeal. More over, the appeal was filed only on 04.11.2024 and therefore, I am not inclined to issue any direction to the first respondent. In any event, the petitioner is given liberty to file a representation to the first respondent for speedy disposal of his appeal in the light of the proceedings initiated under Section 7 of the Land Encroachment Act.

4. Accordingly, the writ petition stands disposed of. No costs. 04.12.2024 NCC:yes/no Index:yes/no Internet:yes/no SN 3/5

To:

1.The District Revenue Officer, Office of the District Revenue Officer, Sivagangai, Sivagangai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sivagangai, Sivagangai District.

3.The Thasildar, Taluk Office, Ilayangudi, Sivagangai District.

4.The Executive Officer, Selection Grade Panchayat, Ilayangudi, Sivagangai District.

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N.MALA, J.

SN 04.12.2024 5/5