S.Sundram, v. The Revenue Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.17944 of 2018 S.Sundaram ..

Petitioner Vs.

1.The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Kallakurichi Town & Taluk, Villupuram District.

2.The Tahsildar, O/o The Tahsildar, Sankarapuram Taluk, Villupuram District.

3.Ramachandran 4.Raja 5.Muthukumaran ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the 1st respondent to consider and pass orders on the representation dated 18.06.2018 made by the petitioner.

For Petitioner : M/s.S.Kanmani For Respondent : Mrs.P.Rajalakshmi, Additional Government Pleader (R1 & R2)

O R D E R

The petitioner claims to be the Pattadar of the land measuring an extent of 93.50 ares comprised in Survey No.18/2 situated at Mottampatti Village, Sankarapuram Taluk, Villupuram District bearing Patta No.350.

2.The learned counsel for the petitioner submitted that the petitioner's father Sappaiyan was issued with D-Namuna dated 15.08.1980 to an extent of 93.50 ares in Survey No.18/2 situated at Mottampatti Village, Sankarapuram Taluk, Villupuram District, based on which patta has also been issued to him in Patta No.350. After the death of the petitioner's father, the petitioner and his brothers have been in possession and enjoyment of the said property. 3.While so, the petitioner came to know that one Govindhan had obtained Patta No.478 for the above mentioned property, which is in possession and enjoyment of the https://hcservices.ecourts.gov.in/hcservices/

petitioner. After the death of the said Govindhan, his legal heirs, who are the respondents 3 to 5 herein have obtained joint patta in Patta No.1151 for the said land in question. Thereafter, the petitioner made a representation/appeal on 18.06.2018 before the respondents 1 & 2. But till date, the same has not been considered. Therefore, a direction be issued to dispose of the representation/appeal of the petitioner on the basis of the previous patta issued in favour of the petitioner.

4.Mrs.P.Rajalakshmi, learned Additional Government Pleader appearing for the respondents 1 & 2 sought time to conduct enquiry and pass orders on the same.

5.In view of the above submission, the Writ Petition is disposed of with a direction to the 1st respondent to hold enquiry, after issuing notice to the petitioner and also to the respondents 3 to 5 and thereafter, pass final orders, also taking note of the representation/appeal made by the petitioner dated 18.06.2018, within a period of six weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar va To 1.The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Kallakurichi Town & Taluk, Villupuram District.

2.The Tahsildar, O/o The Tahsildar, Sankarapuram Taluk, Villupuram District.

+ 1 cc to Mr.S. Kanmani, Advocate Sr.47211 + 1 cc to Government Pleaderr.47624 W.P.No.17944 of 2018 VGII(CO) EU(01/08/2018) https://hcservices.ecourts.gov.in/hcservices/