Aruchamy v. The Tasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.22474 of 2024 K.Aruchamy

...Petitioner

Vs.

1.The Tahsildar Coimbatore North Office of the Tahsildar Coimbatore North Coimbatore.

2.The Zonal Deputy Tahsildar Coimbatore North (02) Taluk Coimbatore District.

3.Ramaakanth Padia 4.V.Jayakumar 5.The Revenue Divisional Officer Coimbatore North Coimbatore.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to submit the enquiry report as sought by the fifth respondent vide his proceedings dated 1/6

28.03.2023 in Oo.Mu.No.1536/2023/A2 and consequently direct the fifth respondent to pass orders after affording opportunity of hearing to the petitioner in accordance with law.

For Petitioner : Mr.I.Kowser Nissar For Respondents : Mr.A.Selvendran for R1, R2 & R5 Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the first respondent to submit an enquiry report as sought by the fifth respondent in his proceedings dated 28.03.2023 in Oo.Mu.No.1536/2023/A2.

2. According to the petitioner, he purchased 10 cents of land from one Sundarambal under sale deed dated 07.01.1980. The said Sundarambal purchased the said property from one Karuppasamy.

3. The petitioner submitted a representation seeking mutation of revenue records. The second respondent passed an order dated 18.01.2023 for mutation of revenue records. However, while assigning new Patta number to 2/6

the above mentioned property, the name of the previous pattathar was retained as Karuppasamy and others. The second respondent failed to include the name of the petitioner in the place of the previous owner. Therefore, the petitioner filed an application on 05.03.2023 before the fifth respondent herein, the Revenue Divisional Officer seeking inclusion of his name and deletion of the name of the previous owner. The fifth respondent in turn sought for a report from the first respondent with regard to the request made by the petitioner in his proceedings in Oo.Mu.No.1536/2023/A2 dated 28.03.2023, but till date, the first respondent has not complied with the directions of the fifth respondent. Aggrieved by the same, the petitioner is before this Court.

4. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 1, 2 & 5 would submit that the report of the Thasildar after due process would be sent to the fifth respondent within a time fixed by this Court.

5. In view of the limited prayer made by the petitioner seeking submission of the enquiry report from the first respondent, without expressing any opinion on the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the first respondent to submit his enquiry report 3/6

to the fifth respondent within a period of four weeks from the date of receipt of copy of this order.

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

07.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 4/6

To 1.The Tahsildar Coimbatore North Office of the Tahsildar Coimbatore North Coimbatore.

2.The Zonal Deputy Tahsildar Coimbatore North (02) Taluk Coimbatore District.

3.The Revenue Divisional Officer Coimbatore North Coimbatore.

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S.SOUNTHAR , J.

dna W.P No.22474 of 2024 07.08.2024 6/6