Kandhasamy vs The Revenue Divisional Officer

M. Venugopal, J.—The Petitioner has filed the present Writ Petition seeking the relief of Writ of Mandamus to direct the Respondent to

dispose of the petition dated 11.2.2008 of the Petitioner in regard to cancellation of patta in respect of the property bearing old Survey No. 241/1

and New Survey No. 1493/3 situated at 17th ward, Therku Ratha Veethi, Keelathiruchendur Village, Thiruchendur Taluk.

The case of the Petitioner is that as per the Will of his grandfather, his father has become the absolute owner of the property and his father has

executed a gift deed in his favor, which has been registered on 7.2.2008 at the Sub Registrar Office, Tiruchendur. The property tax has been

originally assessed in the Petitioner''s grand father''s name in respect of Door No. 82 and that the Executive Officer, Special Grade Town

Panchayat, Tiruchendur has assessed and collected the tax and the assessment number is 6890.

According to the Petitioner, when he has gone to change the property tax in his name, the Officials of the Executive Officer, Special Grade

Town Panchayat, Tiruchendur has informed that the house tax was assessed in the name of Narayanamoorthy, Muthusaravanan and Vishuvarthan

in the year 1992. These persons have no manner of right whatsoever in the property and illegally assessed the property tax in their name. Hence, a

representation to the Executive Officer, Special Grade Town Panchayat, Tiruchendur on 11.2.2008 has been submitted by the Petitioner to re-

assess the property tax in his name instead of Narayamoorthy, Muthusaravanan and Vishuvarthan. In W.P. No. 2381 of 2008, a direction has

been issued by this Court and that the Executive Officer, Special Grade Panchayat, Thiruchendur, after taking note of all aspects into account, has

cancelled the earlier assessment order and assessed the property tax in the Petitioner''s name. Subsequently, the Petitioner came to understand that

Vembu Iyer has changed the patta in his name for the property bearing old Survey No. 241/1 and New Survey No. 1493/3 situated at 17th ward,

Therku Ratha Veethi, Keelathiruchendur Village, Thiruchendur Taluk. The Petitioner has given the petition to the Respondent to cancel the patta

granted in favour of Vembu Iyer and another and issue patta in his name on 11.2.2008. The Respondent has issued notices to Vembu Iyer and

others on 9.4.2008, 13.5.2008 and 7.6.2008 to appear before the Respondent regarding the cancellation of patta, but they failed to appear before

the authorities concerned. The Respondent without passing any orders in the Petitioner''s petition dated 11.2.2008 has adjourned the matter

periodically without any process whatsoever. Therefore, the Petitioner has filed the present Writ Petition praying for issuance of a direction in

directing the Respondent to dispose of his petition dated 11.2.2008 in regard to the cancellation of patta for the property bearing old Survey No.

241/1 and New Survey No. 1493/3 situated at 17th ward, Therku Ratha Veethi, Keelathiruchendur Village, Thiruchendur Taluk .

According to Mr. Sasikumar, learned Government Advocate appearing for the Respondent, the petition dated 11.2.2008 filed by the Petitioner

has been forwarded to the Tahsildar, Tiruchendur for enquiry and to report on 12.2.2008 and that the report of the Tahsildar has been received on

31.3.2008 and notice has been issued to the Petitioner and others on 9.4.2008 to attend enquiry on 9.5.2008. The enquiry could not be

conducted on 9.5.2008 because of Jamabandhi and the hearing was adjourned to 6.6.2008 and again on 6.6.2008, the enquiry could not be

conducted because of the meeting at Collectorate and the enquiry has been adjourned to 4.7.2008 and three objectors have presented on

4.7.2008 and when they appeared through the Advocates, they represented that there is a case in the Court and they will furnish the copy and the

case has been adjourned to 1.8.2008. In the meanwhile, the Petitioner has approached this Court for issuing a direction to dispose of the petition

dated 11.2.2008.

The main stand of the Respondent is that the petition of the Petitioner dated 11.2.2008 will be finalized in due course of time after receiving the

records, recording statements and analyzing all aspects properly.

At this stage, a scrutiny of the counter filed by the Respondent/Revenue Divisional Officer, Tiruchendur indicates that the Petitioner has not

produced any records in support of his claim that the earlier assessment has been cancelled and moreover, on 4.7.2008 Visnuvarthan and Ganesan

have sought for time to file records and on 18.8.2008 when the matter has been posted for enquiry, Ganesan appeared and stated that his

mother(one of the objector) has been admitted in hospital and asked for time till 4.9.2008 to appear for enquiry with records and enquiry has been

posted on 4.9.2008.

In sum and substance, the Respondent has pleaded that the matter will be finalized in due course of time after receiving the records, recording

statements and analyzing all aspects properly.

Inasmuch as the enquiry is pending with the Respondent/Revenue Divisional Officer, Tiruchendur, the Revenue Divisional Officer is directed to

finalize his enquiry proceedings within a period of three months from the date of receipt of copy of this order and pass necessary orders on the

petition dated 11.2.2008 filed by the Petitioner, of course after providing due opportunities to all the parties connected with the proceedings. The

parties are directed to lend helping hands to the Respondent/Revenue Divisional Officer, Tiruchendur in regard to the completion of enquiry and

moreover, the parties are directed not to ask for any unnecessary adjournments. The Respondent/Revenue Divisional Officer, Tiruchendur is

directed to pass necessary orders within the time schedule fixed by this Court as referred to supra.

Accordingly, the Writ Petition is disposed of with these observations. No costs. Consequently, connected M.P. is closed.