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Madras High CourtWP/10163/2021disposed of

P.Arokiasamy v. The Revenue Divisional Officer

2021-04-23Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No.10163 of 2021 and WMP No.10788 of 2021 P. Arokiasamy S/o.Periyanayagam ... Petitioner Vs 1.The Revenue Divisional Officer, Villuppuram, Villupuram District.

2. The Tahsildar, Vikravandi Taluk, Villuppuram District.

3. Mrs. Vasuki Ammal ...

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 31.07.2018, which has been given to remove S.No.468/1 to an extent of 0.13.00 Hectare of land (32 cents) in Kakkanoor Revenue Village, Vikravandi Taluk, Villuppuram District from Patta No.751 based on the direction issued by the 1st respondent to 2nd respondent dated 10.08.2018 within the time frame. For petitioner ...

Mrs. S. Arokia Maniraj For respondents ...

Mr. K. Bhuvaneswari Addl. Gov. Pleader for R1 & R2

ORDER

This writ petition has been filed seeking a direction to the 2nd respondent to remove S.No.468/1 to an extent of 0.13.00 Hectare of land in Kakkanoor Revenue Village, Vikravandi Taluk, VIllluppuram District from Patta No.751.

2. According to the petitioner, the petitioner's father one Periyanayagam has purchased the property in Survey

No.468/1 to an extent of 0.13.00 Hectare in Kakkanoor Village, Vikravandi Taluk, Villuppuram District in the year 1948. On 31.07.2018, the petitioner made a representation before the first respondent for issuance of patta in his name. The first respondent, in turn, as early as on 10.08.2018 directed the 2nd respondent to conduct field inspection and submit a report. Thereafter, as per the instruction given by the 2nd respondent, the Village Administrative Officer also conducted enquiry and sent a detailed report to the 2nd respondent. Even thereafter, no order has been passed by the 2nd respondent till date. Hence, the present writ petition has been filed.

3. In view of the nature of the order that is going to be passed in the writ petition, which no way would prejudice the interest of the third respondent, notice to the 3rd respondent is dispensed with.

4. Heard the learned counsel for petitioner and the learned Additional Government Pleader, who takes notice for the respondents 1 and 2.

5. Considering the facts and circumstances of the case and the limited prayer sought for in the writ petition, and the petitioner's representation is pending with the second respondent, without going into the merits of the case, the second respondent is directed to consider the petitioner's representation dated 31.07.2018 and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioner as well as the 3rd respondent, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar mrp To 1.The Revenue Divisional Officer, Villuppuram, Villupuram District.

2. The Tahsildar, Vikravandi Taluk, Villuppuram District.

+1cc to Mrs. S. Arokia Maniraj, Advocate SR.No.25605 +1cc to Government Pleader SR.No.25348 W.P. No. 10163 of 2021 AJS(CO) GMY(23/06/2021)