S.Balraj v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.12910 of 2022 S. Balraj ... Petitioner Vs.

1. The District Revenue Officer, Salem District, Salem

2. The Revenue Divisional Officer, Vinayagapuram, Athur,

3. The Tahsildar, Gengavalli Taluk, ... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other appropriate writ or order or direction in the nature of a writ directing the Respondents 2 & 3 to restore the name of the Petitioner in computer patta No.733 in S.No.144/5, measuring 0.79.5, measuring 0.79.5 ares in No.37, Pagadapadi Village, Gengavalli Taluk, For Petitioner :

Mr. S. Baskaran For Respondents :

Mr. R. Vigneswaran, Government Advocate

ORDER

The present petition has been filed seeking a direction to the Respondents 2 & 3 to restore the Patta in favour of the petitioner in resect of the subject property.

2. Mr. R. Vigneswaran, learned Government Advocate takes notice for respondents.

3. It is the case of the petitioner that the Patta which was granted earlier in his favour with respect to the subject property, has been cancelled without any notice to the petitioner. In order to restore said patta in his favour, the petitioner made a representation to the 2nd Respondent, however, on receipt of the same, the 3rd Respondent has not taken any steps on the petitioner's representation. Hence, the present petition has been filed.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the 3rd Respondent to consider the representation made by the petitioner and dispose of the same on merits within the time stipulated by this Court.

5. Learned Additional Government Pleader appearing for the respondents submits that the petitioner's representation dated 23.02.2022 will be considered and disposed of in accordance with law, within the time stipulated by this Court.

6. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the petitioner to submit a copy of the representation along with the copy of this order to the 3rd Respondent/Tahsildar. On receipt of the same, the 3rd Respondent is directed to consider and dispose of the representation in accordance with law 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(CS-III) //True Copy// Sub Assistant Registrar NHS To

1. The District Revenue Officer, Salem District, Salem

2. The Revenue Divisional Officer, Vinayagapuram, Athur,

3. The Tahsildar, Gengavalli Taluk, +1cc to Mr.S.Baskaran, Advocate, S.R.No.32408 +1cc to the Government Pleader, S.R.No.33639 W.P.No.12910 of 2022 SKM(CO) UMA(22/06/2022)