K. Sankari v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.3303 of 2018 K.Sankari W/o.Krishnan .. Petitioner Vs.

1.The Revenue Divisional Officer Revenue Divisional Office Spur Tank Road, Egmore, Chennai-600 008.

2.The Thasildhar Guindy, Mambalam, Velacherry Division Tharamani Chennai-600 113.

3.The Director Central Land Survey Department Chepauk, Chennai-600 005.

4.The District Collector 62, Rajaji Salai Singaravelan Maligai Chennai-600 001.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to comply with the letters of respondents 3 and 4 dated 06.11.2017 and 30.11.2017 and thereby, restore the petitioner's name in the place as it was and also direct the respondents 1 and 2 to restore the Patta in the name of the petitioner.

For Petitioner : Mr.A.R.Nixon For Respondents : Mr.K.T.Devendran Additional Government Pleader

O R D E R

Mr.K.T.Devendran, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents to comply with the letters of the respondents 3 and 4 dated 06.11.2017 and 30.11.2017 and thereby, restore the petitioner's name in the place as it was and also direct the respondents 1 and 2 to restore the Patta in the name of the petitioner.

3. It is the case of the petitioner that her name originally stood in the Patta, was wrongly removed during computerization of the records in the Revenue Department and therefore, it has to be restored. In support of her claim, the petitioner relied upon the proceedings of the respondents 3 and 4 dated 06.11.2017 and 30.11.2017.

4. The learned Additional Government Pleader appearing for the respondents submitted that the request of the petitioner will be considered and appropriate orders will be passed.

5. It is seen that the petitioner made a representation on 20.10.2017 and based on such representation, the respondents 3 and 4 have also issued the communication on 06.11.2017 and 30.11.2017. Therefore, it is for the respondents 1 and 2 to consider the grievance of the petitioner and pass orders on the same on merits and in accordance with law, also by taking note of the communications issued by the respondents 3 and 4 as stated supra.

6. Accordingly, this writ petition is disposed of, by directing the respondents 1 and 2 to consider the representation of the petitioner dated 20.10.2017 and pass orders on the same on merits and in accordance with law, also by taking note of the communication issued by the respondents 3 and 4 as stated supra, after hearing the petitioner and other rival claimants, if any. Such exercise shall be done by the respondents 1 and 2 within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar mk

To 1.The Revenue Divisional Officer Revenue Divisional Office Spur Tank Road, Egmore, Chennai-600 008.

2.The Thasildhar Guindy, Mambalam, Velacherry Division Tharamani Chennai-600 113.

3.The Director Central Land Survey Department Chepauk, Chennai-600 005.

4.The District Collector 62, Rajaji Salai Singaravelan Maligai Chennai-600 001.

+1 cc to M/s.AR.Nixon Advocate sr 11586 +1 cc to Govt Pleader sr 2160 W.P.No.3303 of 2018 aa27/02/2018