Madras High CourtWP/43527/2016disposed of

S.Anandan, v. The Revenue Divisional Officer

2016-12-19Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.43527 of 2016 S.Anandan [ Petitioner ] Vs 1 The Revenue Divisional Officer Tiruvallur District Tiruvallur.

2 The Tahsildar Thiruthani Taluk Office Tiruvallur District.

[Respondents] PRAYER :- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 1st respondent to remove the name viz. Veerabathran S/o.Shanmugam in Patta No.1594 and issue joint computerised patta in the name of S.Anandan S.Kumar S.Parandhaman and S.Venkatesan for the land in Survey No.41/2B in Patta No.1594 at Palayanoor Village Tirutani Taluk Tiruvallur District based on the recommendation of 2nd respondent dated 26.02.2015 in Na.Ka. No.6484/2014/ Aa8/dated. 02.2015.

For Petitioner :

Mr.D.Ashok Kumar For Respondents :

Mr.A.Kumar, SGP

ORDER

Heard the learned counsel for the petitioner and Mr.A.Kumar, learned Special Government Pleader, who accepts notice on behalf of the respondents and with the consent on either side, the writ petition is taken up for final disposal. 2 The case of the petitioner is that he had ancestral property in Survey No.41/2B for 0.22 ares. A joint patta in Patta No.1594 was issued to the petitioner and his younger brothers viz., S.Kumar, S.Parandhaman and S.Venkatesan. It is

the further case of the petitioner that upto the year 2011, all the documents including patta, chitta and adangal showed his name and his brothers' name. Unfortunately, in the year 2012, in the computerized pata, by mistake, the name has been changed as Veerabathran, S/o Shanmugam. However, the Chitta and Adangal are still exist in the petitioner's and his brothers' names. Therefore, on 24.07.2012, a detailed representation was sent by the petitioner to the 2nd respondent with a request to correct the same mistake and remove the name of Veerabathran and to enter the name of the petitioner and his brothers' names. Based on the said representation, the 2nd respondent conducted enquiry. After due enquiry, the 2nd respondent submitted a report to the 1st respondent to correct the name in the computerized patta. Since no action was taken by the 1st respondent, the petitioner, sent a detailed representation on 18.02.2013 to the 1st respondent. Again on 26.02.2015, a recommendation was sent by the 2nd respondent to the 1st respondent along wit the enquiry report.

Without any justification whatsoever, the 1st respondent is sitting over the said recommendation of the 2nd respondent. Hence, the petitioner is before this Court by filing the present writ petition.

3 Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in this writ petition or in his representation dated 18.02.2013, directs the 1st respondent to consider and pass orders on the petitioner's representation dated 18.02.2013, in the light of the recommendation made by the 2nd respondent dated 26.02.2015, on merits and in accordance with law, as expeditiously as possible.

4 The writ petition stands disposed of with the above direction. No costs.

sd/ Assistant Registrar //True Copy// Sub Assistant Registrar rg

To 1 The Revenue Divisional Officer Tiruvallur District Tiruvallur.

2 The Tahsildar Thiruthani Taluk Office Tiruvallur District. +1cc to Mr.D.Ashok Kumar, Advocate SR.No.74051. +1cc to the Government Pleader SR.No.74085 W.P.No.43527 of 2016 PA(CO) GN(31/01/2017)