High Court Madras High Court

C.K.Saradha Bai vs The Tahsildar on 3 December, 2008

Madras High Court
C.K.Saradha Bai vs The Tahsildar on 3 December, 2008
       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 03/12/2008

CORAM
THE HONOURABLE MR.JUSTICE G.RAJASURIA

W.P.(MD)No.11046 of 2008

C.K.Saradha Bai				... Petitioner
			
Vs.

1.The Tahsildar,
  Tenancy Record,
  Madurai North Taluk,
  Madurai District.

2.N.M.R.S.Santha Prakash			... Respondents

Prayer

Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, to direct the first respondent to
dispose off the application in Form 5 in T.R.No.25/2003 filed by the second
respondent under Section 4(2) and Section 5(2) of the Tamilnadu Agricultural
Lands Record of Tenancy Right Act, 1969 read with Rule 10 of the Tamilnadu
Agricultural Lands Record of Tenancy Right Act, 1969 immediately.

!For Petitioner ... Mr.T.R.Jeyapalam
^For R-1        ... Mr.R.Janakiramulu
		    Spl. Government Pleader
	
:ORDER

This writ petition has been filed to direct the first respondent to
dispose off the application in Form 5 in T.R.No.25/2003 filed by the second
respondent under Section 4(2) and Section 5(2) of the Tamilnadu Agricultural
Lands Record of Tenancy Right Act, 1969 read with Rule 10 of the Tamilnadu
Agricultural Lands Record of Tenancy Right Act, 1969 immediately.

2. Heard Mr.T.R.Jeyapalam, learned counsel for the petitioner and also
Mr.R.Janakiramulu, learned Special Government Pleader who took notice on behalf
of the first respondent.

3. The grievance of the petitioner as stood exposited from the affidavit
accompanying the writ petition as well as the representation made by the learned
counsel for the petitioner, is to the effect that the second respondent viz.,
N.M.R.S.Santha Prakash filed an application before the first respondent viz.,
the Tahsildar, Tenancy Record, Madurai North Taluk, Madurai District for
recording her alleged tenancy right; thereupon, enquiry commenced and in that
the petitioner was arrayed as the respondent therein; however, despite lapse of
five years, there is no progress. Hence, he prays for direction.

4. Heard the learned Special Government Pleader.

5. Hence, in these circumstances, the following direction is issued:
On receipt of a copy of this order, the respondent shall dispose of the
application filed by the second respondent within a period of two months after
giving due opportunity of being heard to the petitioner.

6. With the above said direction, this writ petition is disposed of. No
costs.

dp/smn

To
The Tahsildar,
Tenancy Record,
Madurai North Taluk,
Madurai District.