D.Sumathy v. District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.27656 of 2013 D. Sumathy ... Petitioner v.

1.The District Revenue Officer, Collector Of;fice Complex, Thiruvallur, Thiruvallur District.

2.The Tahsildar, (Revenue Department), Ambattur, Tahsildar Office, Ambattur, Chennai.

3. Mr. Jayaraman (R3 impleaded as per court order dated 28.07.2020 in M.P.No.1 of 2013 in W.P No.276565/2013) ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the 2nd respondent to dispose of the petitioner's representation dated 19.06.2013.

For Petitioners: Mr. M. Sarfudeen Ali Ahmed For Respondents: Ms. A. Mathumathi, Special Govt. Pleader - for R1 & R2 Mr. M. Gopinath - for R3

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the 2nd respondent , viz., The Tahsildar, Ambattur, Tahsildar Office, Ambattur, to dispose of the petitioner's representation dated 19.06.2013. 2.Ms.A.Mathumathi, learned Special Government Pleader appearing for the respondents 1, and 2 submitted that the 2nd respondent is not the concerned jurisdictional Tahsildar and https://hcservices.ecourts.gov.in/hcservices/

the Tahsilar, Poonamalli is the concerned jurisdictional authority to consider the petitioner's representation seeking for issuance of patta.

3. The learned Counsel appearing for the petitioner submitted that liberty may be given to the petitioner to give fresh representation to the Tahsilar, Poonamalli and in such case, the Tahsildar, Poonamalli, may be directed to dispose of the same in accordance with law.

4. Mr. M. Gopinath, learned Counsel appearing for the 3rd respondent submitted that the Tahsilar, Poonamalli may be directed to pass orders after issuing notice to the 3rd respondent.

5.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I give liberty to the petitioner to submit a fresh representation to the Tahsilar, Poonamalli for issuance of patta, within a period of three weeks from the date of receipt of a copy of this order and on receipt of the same, the Tahsilar, Poonamalli is directed to consider the same and pass orders, on merits and in accordance with law, after giving notice to the petitioner as well as the 3rd respondent within a period of twelve weeks thereafter.

With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar Rj To 1.The District Revenue Officer, Collector Of;fice Complex, Thiruvallur, Thiruvallur District.

2.The Tahsildar, (Revenue Department), Ambattur, Tahsildar Office, Ambattur, Chennai.

+1cc to Government Pleader SR.No.25505 W.P.No.27656 of 2013 RJI(CO) GMY(11/09/2020) https://hcservices.ecourts.gov.in/hcservices/