Madras High CourtWP/12969/2021disposed of

G.Murugan v. The District Collector

2021-06-22Honourable Mr Justice V. Bharathidasan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.12969 of 2021 G.Murugan, S/o. Govindaraji

...Petitioner

Vs.

1. The District Collector, Tiruvannamalai District, Tiruvannamalai.

2. The District Revenue Officer, Tiruvannamalai District, Tiruvannamalai.

3. The Revenue Divisional Officer, Cheyyar Division, Cheyyar, Tiruvannamalai Dt.

4. The Tahsildar, Chetpet Taluk, Chetpet, Tiruvannamalai Dt.

5. The Revenue Inspector, Devikapuram Circle, Devikapuram, Tiruvannamalai Dt.

6 . Village Administrative Officer, Nachapuram Village, Chetpet Taluk, Tiruvannamalai Dt.

7. The Deputy Superintendent of Police / District Vigilance and Anti-Corruption Officer, No.1164, Thendral Nagar, Vengikal, Tiruvannamalai & Dt. 606 604.

8. Kasiammal W/o. Late G.Perumal

9. P.Sivakumar, S/o. Late G.Perumal

10. Kanniammal, W/o. Elumalai

...Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd and 7th Respondents to consider the petitioner's representation dated 12.05.2021 and consequently direct the 3rd respondent to cancel the separate patta in Patta No.15367 dated 22.12.2020 with respect to lands in Survey No.273/1, 272/1C measuring an extent of 2.57 acres situated in Nachapuram Revenue Village, Chetpet Taluk, Tiruvannamalai District and restore the joint patta including the petitioner's name.

For Petitioner : Mr.N.Elumalai For Respondents : Mr.Yogesh Kannadasan, Government Advocate for R1 to R7

O R D E R

(The case has been heard through video conference) The writ petition has been filed seeking a direction directing the 3rd and 7th respondents to consider petitioner's representation dated 12.05.2021 and consequently direct the 3rd respondent to cancel separate patta and restore the joint patta including the petitioner's name.

2. In view of the order is going to be passed in the present Writ Petition, which will not prejudice the interest of the respondents 8 to 10, notice to the respondents 8 to 10 are dispensed with.

3. The grievance of the petitioner is that, the petitioner along with respondents 8 to 10 are joint owners of the property in Survey Nos. 273/1, 272/1C. Earlier, a joint patta was issued in all the co-owners name, subsequently, without notice to the petitioner, a separate patta was issued in the name of 10th respondent leaving the petitioner's name. Therefore, he has made a representation to the 3rd respondent Revenue Divisional Officer on 08.01.2021 and also on 12.05.2021 for issuance of joint patta. But, so far, his representation was not considered and no order has been passed on it. Hence, the present writ petition has been filed by the petitioner.

4. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the 3rd respondent is directed to consider the petitioner's representation and pass suitable orders on merits in accordance with law after hearing the petitioner as well as respondents 8 to 10 within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.

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