Madras High CourtWP/14364/2015disposed of

P.Kuppusamy v. The District Collector

2015-06-02Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 02.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.14364 of 2015 P.Kuppusamy .. Petitioner

Versus

1 The District Collector Namakkal and District 2 The Revenue Divisional Officer RDO Office Tiruchengode Namakkal District.

.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondents to consider the petitioners representation dt 4.11.2013 and direct them to extract the 0.12.0 hectares in RS. No.341/3 from Patta No.57 and club it with petitioners separate Patta No.438 at the earliest.

For Petitioner : Mr.V.S.Kesavan For Respondents: Mr.M.Dig Vijayapandian Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner claims right to the property situated at S.No.47/1 of Cho.Nallagoundanpalayam Village, by way of intestate succession and further claims that he is in possession of 30 cents. The petitioner would further state that Old Survey No.47 was renumbered as Survey Nos.338 and 341 and was sub-divided as 0.12.5 hectares in R.S.No.338/2 and 0.14.5 hectares in R.S.No.338/3 and the name of one Karuppanna Gounder was wrongly included in the patta and since his forefathers were illiterate, they failed to take any steps to correct the said mistake and remove the name of Karuppanna Gounder. The petitioner in this regard submitted a representation dated 04.11.2013 to the 2nd respondent to take appropriate steps to rectify the mistake and he in turn forwarded the representation to the concerned officials and directed them to send necessary proposals after enquiry, vide his communication dated 02.012.2014 and the Revenue Inspector after enquiry sent his report, recommending the name transfer as claimed https://hcservices.ecourts.gov.in/hcservices/

by the petitioner and since, nothing had happened so far after the said recommendation, the petitioner came forward to file this writ petition.

3. Heard the submissions of Mr.V.S.Kesavan, learned counsel appearing for the petitioner and Mr.Dig Vijaya Pandian, learned Additional Government Pleader, who accepts notice for the respondents.

4. Taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the representation, this Court, directs the 2nd respondent to consider the representation dated 04.11.2013 submitted by the petitioner, on merits and in accordance with law, after taking note of his communication addressed to the Tahsildar, Paramathi Velur and also after putting on notice the persons concerned and pass orders as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as to the persons concerned.

5. The writ petition is disposed of, accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ars To 1 The District Collector Namakkal and District 2 The Revenue Divisional Officer RDO Office Tiruchengode Namakkal District.

3. The Tahsildar Paramathi Velur, Namakkal District. + 1 cc to Mr.V.S. Kesavan, Advocate SR.26014 + 1 cc Government Pleader Sr.26140 EV(CO) EU 10.06.2015 W.P.No.14364 of 2015 https://hcservices.ecourts.gov.in/hcservices/