Kaja Abdul Muthalif v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.6518 of 2020 and W.M.P.No.7737 of 2020 Kaja Abdul Muthalif ... Petitioner Vs.

1.The Government of Tamil Nadu Rep.by its Secretary, Revenue Department Secretariat, Fort St.George, Chennai - 600 009.

2.The District Revenue Officer, Villupuram District, Villupuram.

3.The Sub Collector, Villupuram District, Villupuram.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of mandamus, directing the second respondent to dispose of the petitioner's revision dated 08.04.2019 within a time frame. For Petitioner : Mr. K.V. Sundararajan For Respondents : Mr. K. Parameswaran, Government Advocate

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the second respondent to dispose of the appeal/representation dated 08.04.2019.

2.

The case of the petitioner is that one Katheeja Beevi was the owner of 1.36 acres of land. Out of this extent, she had sold 1.27 acres to one Salman and she retained the balance 9 cents. It is the further case of the petitioner that she has executed a settlement deed in favour of her son

in respect to 9 cents retained by her. Subsequently, this property has been settled in favour of the petitioner. 3.

The grievance of the petitioner is that the person who purchased the property from the original owner had mutated the revenue records by including 9 cents over which the petitioner is claiming title and ownership. The petitioner had made an application to the third respondent to issue a patta with respect to 9 cents. He also approached this Court and filed W.P.No.25265 of 2015. Based on the direction given by this Court, the Thasildar has also passed an order dated 07.02.2019 against the petitioner.

4.

Aggrieved by the above order, the petitioner had given a representation to the second respondent on 08.04.2019. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate direction.

5.

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

6.

Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the second respondent to consider the representation / appeal given by the petitioner on 08.04.2019 and pass appropriate orders strictly in accordance with law, within a period of eight weeks from the date of receipt of copy of this order. The second respondent shall also issue notice to the interested parties and hear them before passing any final orders.

The petitioner is directed to make fresh representation to the second respondent along with a copy of the representation dated 08.04.2019 and a copy of this order. 7.

This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AT To 1.The Secretary, Government of Tamil Nadu Revenue Department Secretariat, Fort St.George, Chennai - 600 009.

2.The District Revenue Officer, Villupuram District, Villupuram.

3.The Sub Collector, Villupuram District, Villupuram.

+1cc to Mr.K.V.Sundararajan, Advocate SR.23603 +1cc to the Government Pleader SR.23704 W.P.No.6518 of 2020 EV(CO) CB(01/07/2020)