Shantha v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.5731 of 2014 Shantha ... Petitioner Vs.

1.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Thindivanam, Villupuram District.

2.Parvathi 3.Selvi 4.Sivasakthi (*R2 to R4 are impleaded as per order dated 25.11.2015 by MMSJ in M.P.No.1/2015) ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to consider the petitioner representation dated 10.10.2013 and dispose of the same according to law within stipulated period. For Petitioner :

Mr.J.Karthikeyan For Respondent 1 :

Mr.U.Baranidharan, Page No.1 of 6

Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking direction to the first respondent to consider the petitioner's representation dated 10.10.2013 and dispose of the same within a stipulated period.

2. Since no adverse order is being passed, notice to the respondents 2 to 4 is dispensed with.

3. The case of the petitioner is that the property in S.Nos.150/2 and 150/3 situated at Avalur Village belongs to petitioner's father in law viz., Mr.Chinnakannu and after his demise, the petitioner's mother in law Mrs.Krishnaveni Ammal executed a settlement deed regard to S.No.150/2 in favour of petitioner's sons and daughter. However, the Revenue Officials wrongly quoted that the S.No.150/2 is a Government Poramboke vacant natham and mistakenly issued patta in favour of Parvathi, Selvi and Sivasakthi. Aggrieved over the same, the petitioner made a representation dated 10.10.2013 before the first respondent, seeking to cancel the patta issued in favour of respondents 2 to 4. However, till date, the said representation was Page No.2 of 6

not considered by the first respondent. Hence, this writ petition.

4. The learned counsel for the petitioner submitted that liberty may be granted to the petitioner to file a fresh representation before the first respondent within a stipulated time that may be fixed by this Court.

5. The learned Additional Government Pleader appearing for the first respondent submitted that he has no objection for the said order being passed.

6. Considering the above facts and circumstances of the case and the limited request sought for by the petitioner, this Court without going into the merits of this case, issues the following directions: (i) petitioner is directed to give a fresh representation before the first respondent within a period of two weeks from the date of receipt of a copy of this order.

(ii) on receipt of such representation, the first respondent is directed to consider the same on merits and in accordance with law, within a period of six weeks thereafter.

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7. With the aforesaid directions, this writ petition is disposed of. No costs.

20.09.2022 vm Index :

Yes/No Speaking Order :

Yes/No To:

The Revenue Divisional Officer, O/o. Revenue Divisional Office, Thindivanam, Villupuram District.

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M.DHANDAPANI,J.

vm Page No.5 of 6

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