V.Raja, v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2015

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P. Nos.40454 and 40455 of 2015 Mr. V.Raja ... Petitioner in W.P. No. 40454 of 2015 Tmt. Mangammal ... Petitioner in W.P. No. 40455 of 2015 Vs.

1. Revenue Divisional Officer, Dharmapuri.

2. The Tahsildar, Palacode, Dharmapuri District.

3. Kandan ... Respondents in both writ petitions Prayer in W.P. Nos. 40454 and 40455 of 2015: Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to conduct an enquiry by giving an opportunity to the petitioner and others and to deicide the question of inclusion of name of the petitioner and others in Patta No. 23 relating to the property comprised in S.No. 209/7 situated in Hanumanthapurm Village, Palacode Taluk, Dharmapuri District and submit a report to the 1st respondent in pursuant to the direction issued by the the 1st respondent in his office proceeding O.Mu.9626/2015/A3 dated 27.10.2015 to the 2nd respondent. For Petitioners in both writ petitions : Mr.G.Ethirajulu For Respondents 1 and 2 in both writ petitions : Mr.Digvijay Pandian, Addl.

Government Pleader COMMON ORDER As the issues involved in both the writ petitions are one and the same, coupled with the fact that the petitioner in W.P. No.40454 of 2015 is the son of the petitioner in W.P. No. 40455 of 2015, they have been taken up and disposed of by a common order.

2. The petitioners made a representation on 03.10.2015 to the respondents, seeking for issuance of Joint Patta. On receipt of the said representation, the respondent No. 1 has directed the respondent No. 2 to file a report after due https://hcservices.ecourts.gov.in/hcservices/

enquiry. Since the said representation is yet to be considered, seeking to expedite the same, the present writ petition has been filed by the petitioners before this Court.

3. Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader for the respondent Nos. 1 and 2.

4. Considering the above and without going into the merits of the case, a direction is issued to the respondent No. 2 to comply with the memo dated 27.07.2015, issued by the respondent No. 1 in O.Mu.9626/2015/A3M, by filing the report after due enquiry within a period of eight weeks from the date of receipt of copy of this order. After receipt of the same, the respondent No. 1 shall consider and pass appropriate orders on the pending representation dated 03.10.2015, within a period of eight weeks from the date of receipt of copy of this order after affording an opportunity of hearing to the petitioner and third parties, including the private respondent. It is made clear that the notice will have to be issued to all the interested parties, including those in whose names the Patta stands as of now.

5. With the above directions, the writ petitions are disposed of. Consequently connected miscellaneous petitions are closed. No costs.

sd/- Assistant Registrar(J) /TRUE COPY/ Sub-Assistant Registrar rms To

1. Revenue Divisional Officer, Charmapuri.

2. The Tahsildar, Palacode, Dharmapuri District.

+1 CC to MR.G.Ethirajulu Advocate. SR.NO.69150 +1 CC to Govt.Pleader. SR.NO.69655 W.P.Nos.40454 and 40455 of 2015 CO-SK JD 11/01/2016 https://hcservices.ecourts.gov.in/hcservices/