Deivathal v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR 1.Deivathal 2.Selvi 3.Ranganayaki .. Petitioners

Versus

1.The District Revenue Officer Tiruppur, Tiruppur District

2. The Revenue Divisional Officer Tiruppur, Tiruppur District 3.The Tahsildar Uthukuli Taluk, Tiruppur District

4. The Village Administrative Officer Puthur Pallapalayam Uthukuli Taluk, Tiruppur District 5.Karuppasamy .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to take action on the petitioner's representation dated 18.12.2023. For Petitioner : Mr.N.Ponraj For Respondents : Mr.A.Selvendran for R1 to R4 Special Government Pleader 1/4

ORDER

This writ petition has been filed for a direction to the 1st respondent to consider the representation of the petitioner dated 18.12.2023.

2. It is the contention of the petitioner that the property originally owned by grandfather, however, possession certificate is issued by the VAO to the fifth respondent showing as if the 5th respondent's father name is also one Palani Gounder. According to him, 5th respondent's father name is Sadayappa Gounder, whereas, Palani Gounder is included as father's name. According to the petitioner, it is a false document.

3. Since, no adverse order is passed against the fifth respondent, notice to the fifth respondent is dispensed with. Heard both sides and perused the materials placed on record. By consent of both parties, this writ petition is taken up for final disposal.

4. Merely on the basis of one version of the facts cannot be gone into the writ petition. Whether the fifth respondent's father name is Sadayappa Gounder and he carries a surname is a matter of evidence which has to be established in the manner known to law. The petitioner's grievance is based on the possession 2/4

certificate, the sale deed is already executed by the parties. If it is so, it is for the petitioner to work out the remedy by filing appropriate suit to avoid those documents.

5. Accordingly, I do not find any merits in the case and this writ petition stands dismissed. No costs.

04.07.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To 1.The District Revenue Officer Tiruppur, Tiruppur District

2. The Revenue Divisional Officer Tiruppur, Tiruppur District 3.The Tahsildar Uthukuli Taluk, Tiruppur District

4. The Village Administrative Officer Puthur Pallapalayam Uthukuli Taluk, Tiruppur District 3/4

N. SATHISH KUMAR, J.

dhk W.P.No.17370 of 2024 04.07.2024 (1⁄2) 4/4