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Madras High CourtWP/22408/2024disposed of

K.Ramalingam v. The District Revenue Officer

2024-08-07Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.22408 of 2024 K.Ramalingam

...Petitioner

Vs.

1.The District Revenue Officer Collector Office Ariyalur District 621 704.

2.The Revenue Divisional Officer Udayarpalayam, Ariayalur District.

3.The Tahsildhar Udayarpalayam Taluk Office Udayarpalayam, Ariyalur District 621 802.

4.T.Periasamy 5.Chitra

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to delete 4 & 5 respondents name from Patta No.1315, comprised in Survey No.183/4B at 1/5

Thandalai Revenue Village, Udayarpalayam Taluk, as per Section 10 of the Tamil Nadu Patta Pass Book Act 1983.

For Petitioner : Mr.R.Sethuvarayar For Respondents : Mr.A.M.Ayyadurai for R1 to R3 Government Advocate

O R D E R

The petitioner herein seeks a direction to the third respondent to delete the names of the respondents 4 & 5 from Patta No.1315, comprised in Survey No.183/4B at Thandalai Revenue Village, Udayarpalayam Taluk, as per Section 10 of the Tamil Nadu Patta Pass Book Act, 1983.

2. According to the petitioner, the right of the petitioner has been declared by the Civil Court in the judgment passed in O.S.No.41 of 2013 on the file of the District Munsif Court, Jayamkondam and hence, the petitioner submitted a representation dated 20.01.2024 to the official respondents seeking deletion of names of the respondents 4 & 5. 2/5

3. Mr.A.M.Ayyadurai, learned Government Advocate takes notice for the respondents 1 to 3 submitted that the representation of the petitioner will be considered on merits, after hearing the respondents 4 & 5.

4. In view of Section 10 of the Tamil Nadu Patta Pass Book Act, 1983, if the Civil Court declared the right of a person, the revenue officials are duty bound to make necessary amendment in the patta pass book as per the declaration granted by the Civil Court.

5. In view of the settled position, the second respondent is directed to consider the representation of the petitioner dated 20.01.2024 and pass final orders on merits, after issuing notice to the respondents 4 & 5 within a period of six weeks from the date of receipt of copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

07.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 3/5

To 1.The District Revenue Officer Collector Office Ariyalur District 621 704.

2.The Revenue Divisional Officer Udayarpalayam, Ariayalur District.

3.The Tahsildhar Udayarpalayam Taluk Office Udayarpalayam, Ariyalur District 621 802.

4/5

S.SOUNTHAR , J.

dna W.P No.22408 of 2024 07.08.2024 5/5