M.Sakunthala v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.PARTHIBAN W.P.No.12777 of 2012 M.Sakunthala ... Petitioner Vs 1.The Revenue Divisional Officer, Mayiladuthurai Revenue Division, Mayiladuthurai.

Nagapattinam District.

2.The Tahsildar, Seerkali Taluk, Seerkali, Nagapattinam District.

... Respondents PRAYER :

Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the Revenue Divisional Officer, Mayiladuthurai Revenue Division, Mayiladuthurai, Nagapattinam District, the first respondent herein to consider the representation dated 01.10.2010 made by the petitioner in respect of grant of patta to the land in S.No.347/2 to an extent of 12-1/3 cents at Kollidam Village, Seerkali Taluk, in the name of the petitioner within a time frame as may be fixed by this Court.

For Petitioner : Mr.A.V.Arun For Respondents : Mr.J.Pothiraj, Special Government Pleader

O R D E R

Heard Mr.A.V.Arun, learned counsel for the petitioner and Mr.J.Pothiraj, learned Special Government Pleader appearing for the respondents.

2. The petitioner has approached this Court, seeking the following relief:-

"To issue a Writ of Mandamus, to direct the Revenue Divisional Officer, Mayiladuthurai Revenue Division, Mayiladuthurai, Nagapattinam District, the first respondent herein to consider the representation dated 01.10.2010 made by the petitioner in respect of grant of patta to the land in S.No.347/2 to an extent of 12-1/3 cents at Kollidam Village, Seerkali Taluk, in the name of the petitioner within a time frame as may be fixed by this Court."

3. The case of the petitioner is as follows:- According to the petitioner, he has submitted a representation on 01.10.2010 to the first respondent in regard to the grant of patta in respect of piece of land in R.S.No.347/2 in Kollidam Village, Seerkali Taluk to an extent of 39 cents. In response to the representation, the first respondent has directed the second respondent to submit a report. Thereafter, it appears that no orders have been passed.

4. When the matter is taken up for hearing, the learned counsel for the petitioner would submit that the first respondent shall be directed to pass orders on the representation submitted by the petitioner on 01.10.2010.

5. At this, the learned Special Government Pleader appearing for the respondents would submit that since the representation said to have been made by the petitioner was of the year 2010, the petitioner may be directed to submit a fresh representation in this regard to the first respondent to pass appropriate orders.

6. Considering the limited prayer sought for in the writ petition, the writ petition is disposed of with the following direction.

7. The petitioner is directed to submit a representation afresh along with the copy of the earlier representation dated 01.10.2010, if available, to the first respondent, seeking grant of patta in respect of the subject piece of land and on receipt of the representation from the petitioner, the first respondent is directed to pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

8. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gsk To 1.The Revenue Divisional Officer, Mayiladuthurai Revenue Division, Mayiladuthurai.

Nagapattinam District.

2.The Tahsildar, Seerkali Taluk, Seerkali, Nagapattinam District.

+1cc to Mr.A.V.Arun, Advocate, S.R.No.48182 W.P.No.12777 of 2012 AK(CO) CS/26/07/18