Karuppiyammal @ Karpagammal v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Karuppiyammal @ Karpagammal

...Petitioner

Vs.

1. The Revenue divisional Officer, Office of the Revenue Divisional Office, Anna Salai, Tiruvannamalai.

2. The Tahsildar, Chengam Taluk, Chengam, Tiruvannamalai District.

3.M. Ramesh

4. Chennammal

5. Minor Sathish

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 13.04.2022 seeking to remove the names of the deceased Murugesan name and 4th respondent name in the Patta No.69 and pass orders.

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For Petitioner : Mr.G.Ramachandran For Respondents 1 and 2: Mr. U. Baranidharan Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking a direction to the respondents to consider and pass orders on the petitioner's representation dated 13.04.2022.

2. The learned Additional Government Pleader takes notice for the official respondent. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

3. Since no adverse order is passed against the private respondents. Notice to private respondents dispensed with

4. The learned counsel for the petitioner is in enjoyment of the subject property and patta was issued by the concerned tahsildar in favour of the 2/5

petitioner. When this being the case the 3rd respondent fraudulently included his father/Murugesan name in petitioner's patta, as a result of which after the demise of the said Murugesan the legal heirs of the said Murugesan who are 3rd and 4th respondents herein executed a settlement deed in favour of 5th respondent and thereby the 5th respondent name is included in petitioner's patta. Hence, the petitioner made a representation on before the first respondents on 13.04.2022 to rectify the same error. However, till date no orders have been passed. Hence, this writ petition is filed with the aforesaid prayer.

4. The learned counsel appearing for the petitioner submitted that the it would suffice, if this Court issues direction to the first respondent to consider the petitioner's representation dated 13.04.2022 and pass appropriate orders within a reasonable time fixed by this Court.

5. The learned Additional Government Pleader appearing on behalf of the respondents submitted that the petitioner's representation dated 13.04.2022 will be considered by the respondent within a reasonable time fixed by this Court.

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6. Considering the limited request made by the petitioner, this Court is inclined to direct the first respondent to consider the petitioner's representation dated 30.12.2006 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order after affording an opportunity of hearing to the petitioner as well as counter parties if any.

7. With the above terms, this present writ petition is disposed of. No costs.

13.10.2022 Speaking Order : Yes/ No Index : Yes/ No smn To

1. The Revenue divisional Officer, Office of the Revenue Divisional Office, Anna Salai, Tiruvannamalai.

2. The Tahsildar, Chengam Taluk, Chengam, Tiruvannamalai District.

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M.DHANDAPANI,J.

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