N.Kandasami v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.NO.15452 OF 2021 Mr.N.Kandasami, S/o.Nallathambi ... Petitioner -Vs1. The District Collector, O/o. The District Collector, Kallakurichi, Kallakurichi Dt.

2. The District Revenue Officer, O/o. The DRO, Kallakurichi, Kallakurichi Dt.

3. The Revenue Divisional Officer, Office of the RDO, Kallakurichi, Kallakurichi Dt.

4. The Tahsildar, Chinna Salem Taluk Office, Chinna Salem Town & Taluk, Kallakurichi Dt.

5. Mr.Ganesan, S/o.Mr.Ramasami

6. Mr.Ravi, S/o.Mr.Ramasami ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to consider and pass orders on the revision dated 24.12.2020, filed by the petitioner against the order passed by the Revenue Divisional Officer, Kallakurichi whereby rejecting the petitioner's application dated 01.10.2020 submitted for seeking separate patta in the petitioner's name for the land of 44 1⁄2

cents by splitting the joint patta bearing No.409, by sub-dividing the lands in Survey No.197/6A of Koogaiyur Village, Chinna Salem Taluk, Kallakurichi District.

For Petitioner :

Mr.V.R.Appaswamee For Respondents :

Mr.Yogesh Kannadasan, Government Advocate For R1 to R4

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 revision filed by the petitioner against the order passed by the 3rd respondent rejecting the petitioner's appeal seeking to issue separate patta in his 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 5 and 6, notice to the respondents 5 and 6 are dispensed with.

3. The grievance of the petitioner is that, against the order passed by the 3rd respondent Revenue Divisional Officer rejecting the petitioner's appeal seeking to issue separate patta in his name, the petitioner said to have filed a revision before the 2nd respondent on 24.12.2020. But, so far, the revision was not disposed of 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 case, the 2nd respondent District Revenue Officer is directed to consider the petitioner's revision and pass suitable orders on merits in accordance with law after hearing the petitioner as well as respondents 5 and 6 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.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rpp

To

1. The District Collector, O/o. The District Collector, Kallakurichi, Kallakurichi Dt.

2. The District Revenue Officer, O/o. The DRO, Kallakurichi, Kallakurichi Dt.

3. The Revenue Divisional Officer, Office of the RDO, Kallakurichi, Kallakurichi Dt.

4. The Tahsildar, Chinna Salem Taluk Office, Chinna Salem Town & Taluk, Kallakurichi Dt.

+1cc to Mr.V.R.Appaswamee, Advocate, S.R.No.35806 +1cc to the Government Pleader, S.R.No.36554 W.P.No.15452 of 2021 VG-II(CO) PBS/25/08/2021