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Madras High CourtWP/29929/2019disposed of

M.Sekar v. The Revenue Divisional Officer

2019-11-21Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21.11.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.29929 of 2019 and W.M.P.No.29838 of 2019 1.M.Sekar 2.M.Paneerselvam ..Petitioners

Versus

1. The Revenue Divisional Officer, Tiruttani.

2. The Tahsildar, Tiruttani.

*3. M.Ramesh Raja ..Respondents PRAYER:-Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider and dispose of the representation made by the petitioners dated 22.01.2018 for inclusion of their names in the patta in S.No.60/3D of the extent of 5.25 acre of land situated in Chinnakadambur Village, Tiruttani Taluk pursuant to the report on 23.03.2018 submitted by the Revenue Inspector, Tiruttani.

For Petitioner ..

Mr.V.Vijay Shankar For R1 to R3 ..

Mr.J.Purushothaman, Government Advocate

O R D E R

This Writ Petition is filed, to direct the the 1st respondent to consider and dispose of the representation made by the petitioners dated 22.01.2018 for inclusion of their names in the patta in S.No.60/3D of the extent of 5.25 acre of land situated in Chinnakadambur Village, Tiruttani Taluk pursuant to the report on 23.03.2018 submitted by the Revenue Inspector, Tiruttani.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2.

3. The petitioners are the sons of Margabandu who died in the year 2010. The property purchased by Margabandu on 07.01.1981in S.No.60/3D, Chinnakadambur Village, Tiruttani Taluk an extent of 5.25 acres has been divided among the legal heirs of Margabandhu. After his demise on 31.10.2010, when petitioners wanted to mutate the records they found the Tahsildar of Tiruttani vide proceedings dated 31.07.2017 has included the name of the legal heirs of Late. Munirathinam Naidu in the revenue record. Though, Munirathinam Naidu already sold the property to the petitioner's father-Margabandhu.

4. Hence, the petitioners gave a representation to the R.D.O, Tirutaani to direct the Tahsildar Revenue Inspector and V.A.O to make enquiry regarding the improper inclusion of names in the patta of their land. In the course of enquiry by V.A.O it was found that after alienating the property to the petitioners father one Rameshraj claiming to be the legal heirs of Munirathinam Naidu has filed Civil Suit in respect of the subject property arraying the revenue officials alone as defendants and pursuant to the exparte decree passed in the said suit, name of the Late.Munirathinam Naidu has been incorporated in the records. Hence, pointing out that Ramesh Raj and the Revenue officials has changed the records behind the back the petitioners, they have given the representation on 22.11.2018 for inclusion of their name in the patta in respect of S.No.60/3D pursuant to the report of the Revenue Inspector.

5. After notice, the respondents 1&2 through Government Advocate reports that the petition submitted by (first writ petitioner) has been taken up for enquiry and notice has been sent to petitioner as well as the third respondent to participate in the enquiry scheduled on 29.11.2019.

6. The learned Government Advocate would submit that the enquiry will be completed within a period of four weeks and appropriate order will be passed on the petitioners representation.

7. Recording the same, the Writ Petition is disposed of. The second respondent/Tahsildar, Tiruttani is directed to complete the enquiry and pass orders on or before 31.12.2019 after affording opportunity to the parties concerned. No costs. Consequently, connected W.M.P is closed.

Sd/- Assistant Registrar(CS-IV) Dated: 20.12.2019 * Corrected as per order dated 06.02.2020 made herein W.P.29929/2019 sd/- Assistant Registrar(CS I) Dated: 06.02.2020 //True Copy// Sub Assistant Registrar nvi To

1. The Revenue Divisional Officer, To be substituted to the Tiruttani.

Order already despatched on 05.02.2020

2. The Tahsildar, Tiruttani.

Kancheepuram District.

+1 cc to Government Pleader Sr.No. 98028 +1cc to Mr.V.Vijay Shankar , Advocate SR.No. 97746 Writ Petition No.29929 of 2019 and W.M.P.No.29838 of 2019 A.SK(26/12/2019) SP(06/02/2020)