Thavamani v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.4710 OF 2022 Thavamani ... Petitioner Vs.

1. The Revenue Divisional Officer Tiruvannamalai.

2. The Tahsildhar Tahsildhar Office Tiruvannamalai.

3. I.Arockiaraj ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's appeal representation dated 03.12.2020 and pass necessary orders after giving sufficient opportunity to the petitioner to put forth her case within the time that may be fixed by this Court. For Petitioner :

Ms.M.A.Rua For Respondents :

Mr.A.Anandan Government Advocate (for R1 and R2)

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's appeal representation dated 03.12.2020 and pass necessary orders after giving sufficient opportunity to the petitioner to put forth her case within the time that may be fixed by this Court.

2. The case of the petitioner is that, the petitioner is the owner of the property in S.No.65/1C measuring to an extent of 0.28.0 Ares in Melathikan Village, Tiruvannamalai Taluk and the said survey number is sub divided as S.No.65/10 measuring to an extent of 0.04.5 Ares. However, in UDR scheme the said survey number was transferred in the name of one Saritha, who is the resident of Malaikkoil Street, Na.Gengampattu Village and the said Saritha acquired the property by way of settlement in S.No.88/1 measuring to an extent of 0.11.5 cents. However, the Revenue Officials wrongly entered her name in S.No.65/1C which is belonged to the petitioner. Therefore, the petitioner made a representation dated 03.12.

2020 to the first respondent for cancellation of patta wrongly issued in the name of said Saritha and the same was entertained by the Tahsildhar, Thiruvannamalai Taluk and the Tahsildhar, Tiruvannamalai Taluk forwarded recommendation dated 15.02.2021 to the Revenue Divisional Officer, Tiruvannamalai. However, till date the Revenue Divisional Officer, Tiruvannamalai, has not passed any order. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the first respondent to pass orders on the recommendation forwarded by the second respondent by his letter dated 15.02.2021 within the reasonable time.

4. Since no adverse order has been passed against the third respondent, notice to the third respondent is dispensed with.

5. In view of the aforesaid submissions, considering the limited relief sought for by the petitioner, this Court without expressing any opinion on the merits of the case, directs the first respondent to consider the petitioner's representation dated 03.12.2020 in the light of the recommendation made by the second respondent dated 15.02.2021 and after affording opportunity of hearing to the petitioner and third respondent, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar dm/skt

To

1. The Revenue Divisional Officer Tiruvannamalai.

2. The Tahsildhar Tahsildhar Office Tiruvannamalai.

+1cc to M/s.M.A.Rua, Advocate, S.R.No.14050 +1cc to the Government Pleader, S.R.No.15086 W.P.No.4710 of 2022 RSI(CO) RLP(21/03/2022)