Anandhi, v. Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2019

CORAM

THE HONORABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.12794 of 2019 Anandhi

...Petitioner

Vs.

1. The Revenue Divisional Officer, Attur Division, Attur, Salem District.

2. The Tahsildar, Attur Taluk, Attur, Salem District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to take appropriate action on the representation dated 29.12.2017 submitted by the petitioner for change of classification of S.No.364/1 of Ammampalayam Village, Attur Taluk, Salem District as patta land instead of Tharisu land, within a time period fixed by this Hon'ble Court. For Petitioner : Mr.Seshachari M.V For Respondents: Mr.R.Govindasamy Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents to consider the representation dated 29.12.2017, wherein and whereby, she sought for change of classification as "patta land" instead of "Tharisu land" in respect of the property in S.No.364/1, Ammampalayam Village, Attur Taluk, Salem District.

3. Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/

4. It is stated that the petitioner is in possession and enjoyment of the subject matter property. It is further stated that the petitioner was also issued with Patta No.284 in respect of the above said property. It is further stated that the subject matter property has been erroneously classified as "Tharisu Land" instead of "Patta Land". Hence, the petitioner made a representation on 29.12.2017 to the first respondent seeking to rectify the mistake crept in the Revenue records. Now, the grievance of the petitioner before this Court is that even though she made the representation on 29.12.2017, the same has not been considered by the respondents so far.

5. This Court at this stage is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents to consider and decide the same. Thus, this writ petition is disposed of, only by directing the respondents to consider the representation of the petitioner dated 29.12.2017 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the respondents within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Deputy Registrar (CJ Conf) //True Copy// Sub Assistant Registrar mk To

1. Revenue Divisional Officer, Attur Division, Attur, Salem District.

2. The Tahsildar, Attur Taluk, Attur, Salem District.

+1cc to Mr.M.V.Seshachari, Advocate, S.R.No. 42121 +1cc to the Government Pleader, S.R.No. 42481 W.P.No.12794 of 2019 MP(CO) GN(24/05/2019) https://hcservices.ecourts.gov.in/hcservices/