Madras High CourtWP/5216/2022disposed of

P.Mahendran v. The Revenue Divisional Officer

2022-03-09Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.5216 OF 2022 P.Mahendran

...Petitioner

Vs.

1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Chengalpattu.

2.The Tashildar, Office of the Tashildar, Thiruporur, Chengalpattu District.

3.The Village Adminstration Officer, Office of VAO, Nemmelli Village, Thiruporur Taluk, Chengalpattu District

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 03.12.2021 for name change in revenue records including Patta, Chitta and Adangal for the Grame Natham land situated in Old Survey No.203/4, new Survey No.298/40 in Patta No.537 situated at No.24 Nemmelli Madura Perur village, Thiruporur Taluk, Chengalpattu District.

For petitioner :

Ms.S.Vasavi Sridevi For Respondents :

Mr.T.Chezhiyan Additional Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the to consider the petitioner's representation dated 03.12.2021 for name change in revenue records including Patta, Chitta and Adangal for the Grame Natham land situated in Old Survey No.203/4, new Survey No.298/40 in Patta No.537 situated at No.24 Nemmelli Madura Perur village, Thiruporur Taluk, Chengalpattu District.

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

3. The case of the petitioner is that the petitioner is the owner of the property comprised in old Survey No.203/4, new S.No.298/40 of No.24, Nemmelli Madura Perur village. Originally, the Patta No.537 of the above said property stands in the name of petitioners father. While so, the petitioner's father died intestate on 06.10.2018 leaving behind the petitioner, his mother and his brothers as legal heirs to succeed the above said property. Thereafter, on 13.09.2021, his mother and his brothers have executed a Release Deed over the said property, in favour of the petitioner and the same was registered as Document No.14533/2021 on the file of Sub-Registrar, Thiruporur. Hence, the petitioner made a representation to the third respondent on 03.12.2021 to change the name in revenue records, which originally stands in the name of petitioner's father. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to consider the petitioner's representation dated 03.12.2021 within the time frame that may be fixed by this Court.

5. The learned Additional Government Pleader appearing for the respondents submits that the petitioner's representation dated 03.12.2021 will be considered by respondents within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 03.12.2021, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar tri/skt

To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Chengalpattu.

2.The Tashildar, Office of the Tashildar, Thiruporur, Chengalpattu District.

3.The Village Adminstration Officer, Office of VAO, Nemmelli Village, Thiruporur Taluk, Chengalpattu District +1cc to M/s.S.Vasavi Sridevi, Advocate, S.R.No.15684 +1cc to the Government Pleader, S.R.No.16693 W.P.No.5216 of 2022 GPL(CO) RVM(28/03/2022)