Jothi Ammal @ Jothi, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2016

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.35126/2016 1.Jothi Ammal @ Jothi 2.R.Kuppammal 3.B.Poongavanam ..

Petitioners Vs.

1.The Secretary to Government [Revenue] Department of Revenue & Disaster Management, Government of Puducherry Puducherry.

2.The Settlement Tahsildar-II Directorate of Survey & Land Records Department of Revenue and Disaster Management, Government of Puducherry Puducherry.

..

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 2nd respondent to dispose of the representation dated 19.12.2013 given by the petitioners and received by the 2nd respondent vide receipt No.848 dated 30.01.2014.

For Petitioners :

Mr.R.Thiagarajan For Respondents :

Mr.J.Kumaran, GA [Puducherry]

ORDER

By consent, the writ petition is taken up for final disposal.

2.The 3rd petitioner, on behalf of the petitioners 1 and 2 and on her behalf would state that they inherited the property admeasuring to an extent of 0.77.89 hectares situate at RS.No.292/4, Cadastre No.829/1, Patta No.432, Kalitheertahlkuppam Revenue Village, Mannadipet Commune, Puducherry, from their grandfather/father-in-law of the 1st petitioner herein, vide a registered Document bearing No.3/1972

dated 30.11.1975, registered on the file of the office of the Assistant Registrar, Thirukanur. Since then, they were in possession and enjoyment of the property in question. It is their further submission that on verification of the Land Tax Register, they came to know that the extent of the property was wrongly mentioned as 0.72.50 hectares in stead of 0.77.89 hectares.

In this regard, the petitioners submitted a representation dated 19.12.2013 to the respondents herein seeking for the correct entry of the extent of the property and also for change of name in the patta. Though the said representation was received and acknowledged by the respondents on 30.01.2014, it is yet to be considered. Hence, the petitioners came forward to file this petition. This Court heard the submissions of the learned counsel for the petitioners and Mr.J.Kumaran, learned Government Advocate [Puducherry] who accepts notice on behalf of the respondents.

This Court, considering the limited scope of prayer sought for by the petitioners and without going into the merits of the same, directs the 2nd respondent to consider and dispose of the petitioner's representation dated 19.12.2013 on merits and in accordance with law as expeditiously as possible. The writ petition is disposed of accordingly. No costs.

AP -sdAssistant Registrar //True copy// Sub Assistant Registrar To 1.The Secretary to Government [Revenue] Department of Revenue & Disaster Management, Government of Puducherry Puducherry.

2.The Settlement Tahsildar-II Directorate of Survey & Land Records Department of Revenue and Disaster Management, Government of Puducherry Puducherry.

C.C. to MR.R.THIAGARAJAN Advocate SR.NO..No.57082/16 CTR (CO) VS 22.10.2016 WP.No.35126/2016