A writ petition under Article 226 of the Constitution of India was filed by the petitioner seeking a writ of mandamus directed to the second respondent to expeditiously dispose of a pending petition regarding modification of UDR patta.
Direction to the second respondent to dispose of the pending petition within eight weeks.
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W.P.(MD)No.20262 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.08.2024
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P.(MD)No.20262 of 2024
Kuthalingam
... Petitioner
Vs.
W.P.(MD)No.20262 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to dispose of the pending petition before the second respondent Joint Commissioner Court in view of the order passed by the fourth respondent in Ni.Mu.O1-8499-2023 dated 24.01.2024 as expeditiously as possible and within a stipulated time period to be fixed by this Court.
For Petitioner : Mr.S.Ramsundar Vijayraj
For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader
O R D E R
This Writ Petition is filed praying for a Mandamus, directing the second
respondent to dispose of the petition pending on the file of the second respondent, in view of the order passed by the fourth respondent dated 24.01.2024.
2. It is submitted by the learned counsel for the petitioner that the petitioner and his brother were the subsequent purchaser of the subject property. However, the same was wrongly entered as Temple property in the UDR. In this regard, the petitioner sent representations to the authorities seeking modification of the UDR patta in his favour and in response thereof, the fourth respondent vide order dated 24.01.2024, stated that as a petition regarding
W.P.(MD)No.20262 of 2024
modification of UDR patta of the subject property was pending before the second respondent and the petitioner can avail appropriate remedy subject to the outcome of the said petition. Since no steps are taken by the second respondent to dispose of the said petition, the present petition is filed.
3. It is submitted by the learned Additional Government Pleader for the respondents that the petition pending before the second respondent would be considered and orders would be passed by the second respondent thereon in accordance with law.
W.P.(MD)No.20262 of 2024
5. With the above direction, the Writ Petition stands disposed of. No
costs.
27.08.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To: 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Road, Nungambakkam, Chennai.
4/5
W.P.(MD)No.20262 of 2024
MOHAMMED SHAFFIQ, J.
Nsr
W.P.(MD)No.20262 of 2024
27.08.2024
2 issues framed by the court
Whether the writ petitioner is entitled to a direction to the second respondent to dispose of the pending petition swiftly.
Whether the writ petitioner has to wait for the pendency of the pending petition.
1 provisions across 1 enactments
Kuthalingam
The Commissioner, Hindu Religious and Charitable Endowments Department
The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tuticorin
The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi
The District Revenue Officer, Tenkasi
Mohammed Shaffiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
