Gurupanjaba Kesavan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2015 C O R A M THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD) No.18082 of 2013 and M.P(MD)No.1 of 2013 Gurupanjaba Kesavan ... Petitioner Vs.

1. The District Collector,

2. The District Revenue Officer, O/o.District Collectorate Complex,

3. S.Munusami, The District Revenue Officer, O/o.District Collectorate Complex,

4. V.Perumalsamy, S/o.Vellachamy, Sankarapandiapuram Village, Sattur Taluk, Virudhunagar District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, forbearing the second respondent from deciding the Revision pending in the Revision Petition No.132/3211 of 2011.

For petitioner : Mr.N.Mohideen Basha For Respondents : Mr.Aayiram K.Selvakumar Govt. Advocate

ORDER

The writ petition has been filed for a writ of mandamus, forbearing the second respondent from deciding the Revision

pending in the Revision Petition No.132/3211 of 2011. 2.The case of the petitioner is that, he has purchased 2 acres of land in Survey No.846/1A2 and patta has been issued in his favour. The fourth respondent filed an appeal before the Revenue Divisional Officer, Sivakasi for cancellation of patta issued in his favour. The said appeal was partly allowed by the Revenue Divisional Officer, Sivakasi. Against the said order, the petitioner has filed the revision before the District Revenue Officer, Virudhunagar. While the said revision is pending, the Revenue Divisional Officer, Sivakasi, by name S.Munusami, who heard and passed orders in the appeal filed by the fourth respondent, promoted as District Revenue Officer, Virudhunagar and he is hearing the revision filed by the petitioner and hence, the petitioner has filed the present writ petition for the above stated relief.

3.Mr.Aayiram K.Selvakumar, learned Government Advocate on instructions represented that the District Revenue Officer Mr.S.Munusamy is transferred on 27.07.2015 and one Muthukumar is posted as District Revenue Officer, Virudhunagar and joined duty on the same day.

4.In view of the same, the learned counsel appearing for the petitioner submitted that the revision filed by the petitioner may be taken up by the District Revenue Officer, Virudhunagar. 5.Recording the submissions of the learned Government Advocate and learned counsel appearing for the petitioner, the writ petition is disposed of by directing the second respondent to dispose the revision filed by the petitioner and pass orders on the same on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (Per.Admn) /True Copy/ Sub Assistant Registrar To

1. The District Collector,

2. The District Revenue Officer, O/o.District Collectorate Complex,

3. S.Munusami, The District Revenue Officer, O/o.District Collectorate Complex, + 1 CC TO MR.N.MOHIDEEN BASHA, ADVOCATE IN SR NO. 49310 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 49463 AM TE/AN-MP/ 29/09/2015 3P/6C W.P(MD)No.18082 of 2013 26.08.2015