Mrs.Bhawari Bai v. The Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No. 27487 of 2014 Bhawari Bai ... Petitioner vs.

1.The Revenue Officer, Chennai Municipal Corporation, Rippon Buildings, Chennai - 600 003.

2.The Assistant Revenue Officer, New Zone - V, Division 54, Moolakatram, Chennai - 600 021.

3.M.S.Mohamed Yousuf, (R3 is impleaded as per order dated 23.09.2015 in M.P.No.1 of 2015 ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of mandamus, directing the respondents herein to restore the petitioner's name in the revenue records pertaining to the petitioner's property bearing Old Door No.24, New Door No.27, Wall Tax Road, Chennai - 600 079.

For Petitioner : M/s. Mohan Law Firm For Respondents: Mr.T.C.Gopalakrishnan For R1 and R2

O R D E R

The grievance of the writ petitioner is that, the name of the petitioner has not been entered in the revenue records in respect of the property belongs to the writ petitioner situated in Old Door No.24, New Door No.27, Wall Tax Road, Chennai - 600 079.

2. The learned counsel for the petitioner states that, the vendor of the writ petitioner filed a civil suit which was dismissed, thus the writ petitioner became the owner of the property which is described in the writ petition. However, all these facts are to be verified by conducting proper inquiry by the competent authority before effecting the name transfer. https://hcservices.ecourts.gov.in/hcservices/

3. This Court is of the opinion that, in the event of any dispute in respect of entering the name of the owner in the revenue records pertaining to the immovable properties then the competent authorities are bound to conduct an inquiry by affording reasonable opportunities to all the parties concerned, take a decision and pass appropriate orders for entering the names in the revenue records.

4. In view of the matter, the 2nd respondent is directed to conduct an inquiry by affording reasonable opportunities to all the parties concerned and accordingly pass final orders on merits and in accordance with law within the period of 12 weeks from the date of receipt of a copy of this order.

5. The writ petitioner is directed to enclose a copy of the representation and all relevant documents along with the order passed in this present writ petition. Accordingly the writ petition stands disposed of. However no order to costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar pkn To 1.The Revenue Officer, Chennai Municipal Corporation, Rippon Buildings, Chennai - 600 003.

2.The Assistant Revenue Officer, New Zone - V, Division 54, Moolakatram, Chennai - 600 021.

+ 1 cc to M/S.T.C. Gopalakrishnan, Advocate Sr.62827 + 1 cc to M/s. MC.Gan Law Firm, Advocate Sr.63583 W.P.No. 27487 of 2014 VSNII(CO) EU(15/10/2018) https://hcservices.ecourts.gov.in/hcservices/