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Madras High CourtWP/805/2018disposed of

N.Arulmani v. The Director

2018-08-30Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.805 of 2018 N.Arulmani .. Petitioner Vs 1.The Director, Land Reforms (Bhoodan Lands) Department, Ezhilagam II Floor, Chepauk, Chennai - 600 005.

2.The Tahsildar, Madukkarai, Coimbatore - 641 105.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus directing the first respondent to consider the petitioner's representation dated 12.06.2016 and pass orders and consequently, direct the second respondent to make changes in the revenue records based on the orders to be passed by the first respondent within a stipulated time frame as may be fixed by this Court.

For Petitioner : Mr.S.Venugopalraj For Respondents: Mr.J.Ramesh Additional Government Pleader

ORDER

The petitioner has come up with the present writ petition, for a mandamus, directing the first respondent to consider his representation dated 12.06.2016 and for consequential relief.

2. The case of the petitioner is that his father Nanjappa Gounder filed a suit in O.S.No.1069 of 2006 before the District Munsif Court, Coimbatore, for setting aside the gift deed bearing Doc.No.504 of 1967 executed in favour of "Boodhan Yagna Board' in respect of the lands in S.F.No.152, measuring to an extent of 3.00 acres, which came to be decreed in favour of his father. Later the petitioner submitted a representation dated 30.01.2016, to the second respondent to change the name in the revenue records and issue joint patta in favour of the legal heirs, but, the second respondent directed the petitioner to approach the first respondent, for the same. Hence, the petitioner made a representation to the first respondent on 12.06.2016. Finding no response on the said representation, the petitioner is before this Court.

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3. The learned Additional Government Pleader appearing for the respondents, on instructions, submitted that the second respondent would consider the representation of the petitioner, if the petitioner produces all the necessary documents, which has been agreed by the learned counsel for the petitioner.

4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the petitioner to submit all the necessary documents along with a copy of his representation dated 12.06.2016 to the second respondent, within a period of two weeks from the date of receipt of a copy of this order. On such submission, the second respondent shall consider the same and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as all other interested parties, within a period of four weeks therefrom.

5. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ms To 1.The Director, Land Reforms (Bhoodan Lands) Department, Ezhilagam II Floor, Chepauk, Chennai - 600 005.

2.The Tahsildar, Madukkarai, Coimbatore - 641 105.

+1cc to MR.S.Venugopal Raj, Advocate SR.NO.59869 +1cc to Government Pleader SR.NO.60138 RSV(Co) sm:20.9.2018 W.P.No.805 of 2018 https://hcservices.ecourts.gov.in/hcservices/