S.Paramasivam v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.24245 OF 2012 S.Paramasivam ... Petitioner .Vs.

1. The Revenue Divisional Officer, Tiruppur, Tiruppur District.

2. The Tahsildar, Palladam, Tiruppur District.

3. The Village Administrative Officer, Vavipalayam, Palladam Taluk, Tiruppur District.

4. Kuppusamy (R4 is impleaded as per order dated 28.09.2012 in W.P.No.24245 of 2012) ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to pass final orders for including the petitioner's name in the Joint Patta No.1300 as per as the land situated in S.No.420, Vavipalayam Village, Palladam Taluk, Tiruppur District to the extent of 4.26 acres of land. For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.A.Anandan Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the 1st respondent to pass final orders for including the petitioner's name in the Joint Patta No.1300 as per as the land situated in S.No.420, Vavipalayam

Village, Palladam Taluk, Tiruppur District to the extent of 4.26 acres of land.

2. The learned Government Advocate takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner's father is the joint pattadhar of land situated in S.No.420, Vavipalayam Village, Palladam Taluk. However, subsequently petitioner's father name was deleted from patta No.1300 dated 12.04.2012, for which the petitioner made a representation on 23.07.2012 to include his name in the above said Survey number as a joint pattadhar. Thereafter, the first respondent by its order dated 25.07.2012 forwarded the same to the second respondent for appropriate orders. However, till date no orders have been passed. Hence, this writ petition is filed.

4. The learned counsel for the petitioner submitted that it would suffice if this Court issues a direction to the 1st respondent to pass final order for including the petitioner's name in the Joint Patta No.1300 based on the representation of the petitioner in accordance with law and pass appropriate orders within a particular time frame fixed by this Court.

5. The learned Government Advocate appearing on behalf of the respondents submits that the petitioner's representation will be considered by the respondents within the time frame fixed by this Court.

6. Considering the facts and circumstances, without going into the merits of the case, the 1st respondent is directed to consider the representation dated 23.07.2012 and pass orders on merits and in accordance with law after providing an opportunity of hearing to the 4th respondent, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Psa

To 1.

The Revenue Divisional Officer, Tiruppur, Tiruppur District.

2.

The Tahsildar, Palladam, Tiruppur District.

3.

The Village Administrative Officer, Vavipalayam, Palladam Taluk, Tiruppur District.

+1cc to the Government Pleader, S.R.No.13075 W.P.NO.24245 OF 2012 PL(CO) PBS/10/03/2022