Dillibabu v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.13903 of 2021 Dillibabu, S/o.late Munusamy Naidu

...Petitioner

Vs.

1. The Revenue Divisional Officer, Arakkonam, Ranipet Dt.

2. The Tahsildar, Arakkonam Taluk, Arakkonam, Ranipet Dt.

3. Geetha, W/o. Late Manogar,

4. Rajeshwari, W/o. Late Jayarama Naidu

5. Sridhar, S/o. Late Jayarama Naidu

...Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st Respondent to consider my application dated 10.05.2021 to mutate the revenue records bearing S.Nos.311/1 - 0.60 cents, S.No.309/1A - 38 cents, S.No.313 - 1.16 acres and in S.No.319/1A & 1B - 34 cents situated at Arumbakkam Village, Arakkonam Taluk, Ranipet District.

For Petitioner : Mr.P.Krishnan for Mr.P.Raghuram For Respondents : Mr.Yogesh Kannadasan, Government Advocate for R1 & R2

O R D E R

(The case has been heard through video conference) The Writ Petition has been filed seeking a direction directing the 2nd respondent to consider the petitioner's application dated 10.05.2021 and to mutate the revenue records.

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 3 to 5, the notice to the respondents 3 to 5 are dispensed with.

3. The grievance of the petitioner is that, his father and one Jayarama Naidu, father of 4th and 5th respondents jointly purchased the property comprised in S.Nos.311/1 - 0.60 cents, S.No.309/1A - 38 cents, S.No.313 - 1.16 acres and in S.No.319/1A & 1B - 34 cents situated at Arumbakkam Village, Arakkonam Taluk, Ranipet District. After his demise, a joint patta was issued in the name of legal heirs of the said Jayarama Naidu. Now, without knowledge to the petitioner, the respondents 3 to 5 have approached the 2nd respondent Tahsildar, and obtained exclusive patta in their favour. Hence, the petitioner has approached the 1st respondent and filed an application on 10.05.2021 seeking to mutate the revenue records. But, so far, his application 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 1st respondent is directed to consider the petitioner's application and to pass suitable orders on merits in accordance with law after hearing the petitioner as well as respondents 3 to 5 within a period of three months from the date of receipt of copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rpp To

1. The Revenue Divisional Officer, Arakkonam, Ranipet Dt.

2. The Tahsildar, Arakkonam Taluk, Arakkonam, Ranipet Dt.

+1 cc to the Government Pleader, Sr.No.31956 W.P.No.13903 of 2021 UM[co] NSK 30/07/2021