S.Aburvam v. District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR S.Aburvam ... Petitioner Vs 1.The District Revenue Officer, Villupuram District.

2.The Revenue Divisional Officer, Tindivanam Taluk.

3.The Tahsildar, Villupuram District.

4.Sundaram 5.Thangam 6.Muthulakshmi ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second respondent to consider the representation dated 09.05.2022 made by the petitioner forthwith.

For Petitioner : Mr.T.N.Rajagopalan For Respondents : Mrs.N.Senthil Selvi Government Advocate for R1 to R3 1/5

O R D E R

The prayer sought for herein is for a writ of mandamus directing the second respondent to consider the representation dated 09.05.2022 made by the petitioner forthwith.

2. In respect of property at Old Survey No.24/6 in New Survey No.380/5 at Veedur (East) Village, Mylam Panchayat Union, Tindivanam Taluk, Villupuram District, it is the claim of the petitioner that, the property was purchased by the petitioner's mother from whom the petitioner inherited the property and patta had already been issued in the name of the petitioner and the petitioner had been in continuous possession and enjoyment of the same.

3. When that being so, recently the petitioner noticed that in the computer patta issued in respect of the land in question the name of one Murugesan S/o.Gothandam has been made as a pattadhar and in order to remove the same, the petitioner had given a representation on 09.05.2022 and in order to consider the said representation and to pass necessary orders thereon by the 3rd respondent, the petitioner has moved the present writ petition.

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4. Heard Mr.T.N.Rajagopalan, learned counsel appearing for the petitioner and Mrs.N.Senthil Selvi, learned Government Advocate appearing for the respondents 1 to 3.

5. In view of the order going to be passed in this writ petition, notice to the private respondents are dispensed with.

6. The learned Government Advocate for the respondents 1 to 3 would submit that, the said representation of the petitioner would be considered and decided on merits after giving an opportunity of being heard to both the petitioner as well as the private respondents.

7. I have considered the said submissions made by both sides. The private respondents are none other than the legal heirs of Murugesan in whose favour the computer patta has been issued who are third parties according to the learned counsel for the petitioner who are not anyway related to the property in question, therefore this Court feels that after giving an opportunity of being heard to both the petitioner as well as the private respondents, the 3rd respondent can decide the representation submitted by 3/5

the petitioner dated 09.05.2022 and orders can be passed within a period of eight weeks from the date of receipt of a copy of this order.

8. With this direction, this Writ Petition is disposed of. No costs. 09.01.2023 Index : Yes/No Speaking Order : Yes/No Sgl To 1.The District Revenue Officer, Villupuram District.

2.The Revenue Divisional Officer, Tindivanam Taluk.

3.The Tahsildar, Villupuram District.

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R.SURESH KUMAR, J.

Sgl 09.01.2023 5/5