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Madras High CourtWP/10925/2020disposed of

J.Manikandan v. The District Collector,

2020-08-18Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.08.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH WP.No.10925/2020 & WMP.No.13275/2020 J.Manikandan ..Petitioner

Versus

1.The District Collector District Collector Officer Tiruvannamalai District.

2.The Revenue Divisional Officer Revenue Division Office Tiruvannamalai District.

3.The Tahsildar Tahsildar Officer Thandarampattu City and Taluk Tiruvannamalai District.

4.The Village Administrative Officer Village Administrative Office Ka.Unnamalaipalayam Village Thandarampattu Taluk Tiruvannamalai District.

..Respondents Prayer:-Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to remove the names of the petitioner's late grandmother Rajammal, the petitioner's father Jeyavel and the unknown Nadupappa in Patta No.101 and consequently transfer the patta to the petitioner's name in respect of the land situate in A.Pu.Sa.26/4 measuring an extent of 0.60.50 ares situate in Ka.Unnamalaipalayam Village, Thandarampattu Taluk, Tiruvannamalai District by considering the petitioner's representation dated 23.07.2020. For Petitioner :

Mr.P.Valliappan For Respondents:

Mr.M.Mani Gopi, GA

ORDER

(1)This writ petition has been filed for the issue of a writ of mandamus directing the respondents to act upon the representation made by the petitioner on 23.07.2020 and to remove the name found in the revenue records and consequently, to issue patta.

(2)The case of the petitioner is that the subject property was originally assigned in favour of the grandfather of the petitioner by the proceedings of the 2nd respondent dated 10.11.1974. The further case of the petitioner is that the grandfather had executed a Will dated 18.03.1984 wherein the property was bequeathed in favour of the father of the petitioner. According to the petitioner, his father passed away on 13.10.1984 and thereafter, the petitioner has become the absolute owner of the property.

(3)The petitioner had stated that the patta originally stood in the name of the grandmother and father. The petitioner was taking steps to get patta transferred in his name and at that point of time, it is found that the name of one more person who had nothing to do with the property, was also added as a joint pattadhar. The petitioner, therefore, made a representation to the respondents on 23.07.2020 to make necessary corrections in the Revenue Records and to transfer the patta in the name of the petitioner and since the same did not evoke any response from the respondents, the present writ petition came to be filed before this Court seeking for an appropriate direction. (4)Heard Mr.P.Valliappan, learned counsel for the petitioner and Mr.M.Mani Gopi, learned Government Advocate accepting notice on behalf of the respondents.

(5)Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 3rd respondent to consider the representation made by the petitioner on 23.07.2020 and deal with the same strictly in accordance with the law and pass final orders within a period of eight weeks from the date of receipt of a copy of this order. The 3rd respondent shall issue notice to any other interested party before conducting enquiry and passing final orders. The petitioner is directed to make a fresh representation to the 3rd respondent along with a copy of the representation dated 23.07.2020 and all other relevant documents along with a copy of this order.

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

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar AP To 1.The District Collector District Collector Officer Tiruvannamalai District.

2.The Revenue Divisional Officer Revenue Division Office Tiruvannamalai District.

3.The Tahsildar Tahsildar Officer Thandarampattu City and Taluk Tiruvannamalai District.

4.The Village Administrative Officer Village Administrative Office Ka.Unnamalaipalayam Village Thandarampattu Taluk Tiruvannamalai District.

+1 CC to Mr.P.Valliappan, Advocate sr 26961.

WP.No.10925/2020 VGII(CO) SP(31/08/2020)