S.Jambunathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.5691 OF 2022 S.Jambunathan ... Petitioner Vs.

1. The District Collector, Collectorate, Erode District.

2. The District Revenue Officer, Collectorate, Erode District.

3. The Revenue Divisional Officer, Gobichettipalayam, Erode District.

4. The Tasildhar, Nambiyar Taluk, Erode District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to implement the order dated 06.12.2017 passed by the third respondent by correcting the computer records and village registers pertaining to the properties comprised in Survey No.379/2A, 380/1, 380/3, 381/3 situated at Yamaampoondi "A" village, Nambiyar Taluk, Erode District and remove the conditions imposed on the Patta, within a time frame fixed by this Hon'ble Court.

For petitioner : Mr.K.Sasindran For Respondents : Mr.M.Murali Government Advocate

ORDER

The petitioner has filed this petition seeking direction to the respondents to implement the order dated 06.12.2017 passed by the third respondent by correcting the computer records and village registers pertaining to the properties comprised in Survey No.379/2A, 380/1, 380/3, 381/3 situated at Yamaampoondi "A" village, Nambiyar Taluk, Erode District and remove the conditions imposed on the Patta.

2. Mr.M.Murali, learned Government Advocate 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's grandfather was assigned agricultural lands comprised in Survey No.379/2A, 380/1, 380/3, 381/3 situated at yamaampoondi "A" village, Nambiyar Taluk, Erode District, measuring an extent of 2.87 acres. After the demise of petitioner's father, his mother inherited the property by way of succession. Thereafter, petitioner's mother made a representation dated 04.09.2017 to the respondents to issue Patta by removing the conditions imposed on the assignment Patta. Thereafter, the third respondent granted Patta in favour of the petitioner's mother by order dated 06.12.2017, but it was not reflected in the Computerized Patta and village records. While so, petitioner's mother died on 25.05.2021 leaving behind the petitioner and his brother as her legal heirs to succeed the above said property.

Hence, the petitioner made a representation dated 08.02.2022 before the respondents to implement the order dated 06.12.2017, passed by the third respondent. 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 may issue direction to the respondents to consider the petitioner's representation dated 08.02.2022, within the time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated 08.02.2022 will be considered by the 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 08.02.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, if there is no legal impediment.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tri/nhs To

1. The District Collector, Collectorate, Erode District.

2. The District Revenue Officer, Collectorate, Erode District.

3. The Revenue Divisional Officer, Gobichettipalayam, Erode District.

4. The Tasildhar, Nambiyar Taluk, Erode District.

+1cc to Mr.K.Sasindran, Advocate, S.R.No.16960 +1cc to the Government Pleader, S.R.No.17776 W.P.No.5691 of 2022 RSI(CO) PM/01/04/2022