J.Santhakumari v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.20085 of 2019 J.Santhakumari, W/o.V.Jayaraman.

... Petitioner Vs.

1.The District Revenue Officer, O/o.Collectrate, Chennai District, 2.The Revenue Divisional Officer, O/o.Revenue Divisional Office, 3.The Tahsildar, Guindy-Mambalam Taluk, Saidapet, Chennai 600 015.

4.A.Mohammed Ali 5.Senbagalakshmi ... Respondents.

(R4 & R5 are impleaded as per the order made in WMP.No.22711 of 2019 by PDAJ on 19.08.19) PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus directing the third respondent to implement the order of the second respondent dated 06.04.2018 and issue a Patta in respect property bearing Survey No.11/1, Block No.40, T.S.No.16 to an extent 0.12.8.0 (31 cents), in Kottur Village, Guindy Taluk, Chennai District and within the time frame fixed by this Court. For Petitioner : Mr.C.V.Kumar For Respondents :Mr.Arul doss for R1 to R3 Government Advocate R4 and R5 - No appearance

O R D E R

This Writ Petition has been filed for the issue .of Writ of Mandamus directing the third respondent to implement the order passed by the second respondent on 06.04.2018 and to issue patta within a time fixed by this Court. 2.The case of the petitioner is that she is the power of attorney agent of her mother Shanthakumari, who is the owner of the property. The further case of the petitioner is

that an application was submitted before the third respondent for mutation of the revenue records in the year 2015. The files were forwarded to the third respondent and order was passed on 18.03.2016 by issuing the patta in favour of one Ahamed Ali. Agrrieved by the same, an appeal was filed before the second respondent. The second respondent conducted a detailed enquiry and passed an order on 06.04.2018. A reading of the said order shows that the second respondent has directed the third respondent to issue patta in favour of the petitioner. The grievance of the petitioner is that till date, the order of the second respondent has not been implemented by the third respondent. Aggrieved by the same, the present writ petition has been filed before this Court seeking for appropriate direction.

3. The fourth and fifth respondents were impleaded in this writ petition by an order dated 20.08.2019. Both the respondents have been served and their names are also printed in the cause list. However, there is no representation for the fourth and fifth respondents.

4.This Court has carefully considered the submissions made on either side and materials available on records. 5.Taking into consideration the facts and circumstances of the case and limited relief that has been sought for in the present writ petition, there shall be a direction to the third respondent to implement the orders passed by the second respondent on 06.04.2018 and which was subsequently reiterated by the first respondent by an order dated 04.01.2019 and effect necessary mutation in the revenue records within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the third respondent along with a copy of the order passed by the second respondent and the first respondent and also a copy of this order.

6.This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar mp/vkr To 1.The District Revenue Officer, O/o.Collectrate, Chennai District,

2.The Revenue Divisional Officer, O/o.Revenue Divisional Office, 3.The Tahsildar, Guindy-Mambalam Taluk, Saidapet, Chennai 600 015.

+1cc to Mr.C.V.Kumar, Advocate SR.No.24953 +1cc to Government Pleader SR.No.25058 W.P.No.20085 of 2019 GMY(07/08/2020)