K.Subramanian v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
Date : 27.08.2020 THE HONURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.11566 of 2020 Mr.K.Subramanian, S/o.late Kalliappa Gounder ... Petitioner .vs.
1. The District Revenue Officer, Collectrate Office, Erode District, Erode - 638 011.
2. The Tahsildar, Kodimudi Tahsildar Office, Kodumudi - 638 151, Erode District.
3. The Revenue Inspector, Office of the Revenue Inspector, Kodumudi Taluk, Erode.
4. The Village Administrative Officer, Office of the Village Administrative Officer, Kodumudi - 638 151.
5. Chinnasamy, S/o.Late Palanisamy Gounder ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue Writ of Mandamus directing the second respondent to take appropriate action on the basis of the representation dated 07.08.2020 within the time fixed by this Court. And dispose of the same in accordance with law. For Petitioner : Mr,P.Siddharthan For Respondents : Mr.T.M.Pappaiah Special Government Pleader
ORDER
This writ petition is filed for issue of Writ of Mandamus directing the second respondent to act upon the representation made by the petitioner on 07.08.2020 wherein the petitioner has objected grant of patta in favour of the fifth respondent.
2. The case of the petitioner is that the subject property was originally owned by Kannammal and she died leaving behind late Palanisamy Gounder and Kaliappa Gounder as her legal heirs. Both of them died leaving behind their respective legal heirs and the petitioner is claiming his right as legal heir of late Kaliappa Gounder. According to the petitioner, the fifth respondent is attempting to get patta in his name even though the property has not been transferred to his name till date. The petitioner gave his objections to the second respondent on 07.08.2020. According to the petitioner, his objecton is not being taken into consideration and steps have been taken by the fifth respondent to get patta in his favour. Aggrieved by the same, the present writ petition has been filed before this Court.
3. Heard Mr.Sidharthan, learned counsel appearing on behalf of the petitioner and Mr.P.Pappaiah, learned Special Government Pleader, appearing on behalf of the respondents.
4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in the writ petition, there shall be a direction to the second respondent to consider the objection given by the petitioner on 07.08.2020 as and when an application is submitted by the fifth respondent seeking for issuance of patta in his name. The second respondent shall deal with the objections strictly in accordance with the title documents and in accordance with law. The second respondent shall issue notice to the fifth respondent before dealing with the objection submitted by the petitioner. The petitioner is directed to make a fresh representation along with a copy of the representation dated 07.08.2020 and also a copy of this Order.
5. This Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To
1. The District Revenue Officer, Collectrate Office, Erode District, Erode - 638 011.
2. The Tahsildar, Kodimudi Tahsildar Office, Kodumudi - 638 151, Erode District.
3. The Revenue Inspector, Office of the Revenue Inspector, Kodumudi Taluk, Erode.
4. The Village Administrative Officer, Office of the Village Administrative Officer, Kodumudi - 638 151.
+1cc to the Government Pleader, Sr.No.28343 W.P.No.11566 of 2020 mg (co) rr ii (17/09/2020)