S.Vasanthi v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2021 CORAM :

JUSTICE N.SESHASAYEE W.P.NO.20105 OF 2020 S.Vasanthi ... Petitioner Vs

1. The Revenue Divisional Officer Coimbatore District Coimbatore.

2. The Tahsildar Sulur Taluk, Sulur, Coimbatore District.

3. The District Revenue Officer Coimbatore.

... Respondents [R3 suo moto impleaded Vide Order of this Court dated 08.02.2021 in WP.No.20105 of 2020] Prayer :

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the first respondent to grant patta in favour of the petitioner in respect of Old Ka.Sa.No.14/1, New S.F.No.737/3, 737/5 to an extent of 5 cents 217 sq.ft. situated at Irugur Village, Sulur Taluk, Coimbatore District, based on the recommendation made by the second respondent vide proceedings in Na.Ka.No.17618/2015/A2 dated 10.08.2016 within a stipulated time as may be fixed by this Court.

For Petitioner : Mr.A.S.Ragul Adhithya For Respondents: Mr.M.Manigopi Government Advocate

ORDER

The petitioner herein has applied for Natham patta and moved the Tahsildar, the second respondent herein for the said purpose.

2. When the matter came up before this Court today, this Court wanted to ascertain when Natham settlement was completed, to which the learned Government Advocate makes a statement that it was completed sometime in 1997. He has also filed his counter and made a statement that the appropriate authority to who the representation ought to be made is the District Revenue Officer, Coimbatore, who is not a party to the proceedings. He also brought to the notice of the Court that as per the circular of the Commissioner of Land Administration., Chennai dated 07.08.2015 in Ref.No.K3/14710/2015, the District Revenue Officer, Coimbatore is the competent authority to apply for Natham patta.

3. This Court suo moto impleads the District Revenue Officer, Coimbatore as the third respondent. Mr.M.Manigopi, learned Government Advocate takes notice for the third respondent. Yet the matter has been taken to the knowledge of the District Revenue Officer, Coimbatore, who has now required the Tahsildar, Sulur Taluk, the second respondent to hold preliminary enquiry and to take necessary action.

4. The learned Government Advocate on instructions further added that the Tahsildar, Sulur Taluk, has now fixed the date for enquiry at 11.00 a.m. on 19.02.2021 in his office.

5. Inasmuch as the date for enquiry is fixed by the respondents, no direction is required to be given except that the second respondent/Tahsildar, Sulur Taluk, Coimbatore District is directed to hold an enquiry after issuing notices to all the parties who are likely to be affected by his decision, and after providing the parties a fair and effective hearing and to dispose of the said representation through a speaking order within a period of twelve (12) weeks from the date of service of order copy, subject to such time that may be lost in responsibilities connected with the ensuing General Election of the Tamil Nadu State Legislative Assembly, 2021.

6. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ds

To:

1. The Revenue Divisional Officer Coimbatore District Coimbatore.

2. The Tahsildar Sulur Taluk Sulur, Coimbatore District.

3. The District Revenue Officer Coimbatore.

+1cc to M/S.P.T.Ramadevi, Advocate, S.R.No.6778 +1cc to the Government Pleader, S.R.No.7484 W.P.No.20105 of 2020 NMI(CO) CS/12/03/2021