A.Panjavarnam v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA A.Panjavarnam ... Petitioner Vs.
1.The Revenue Divisional Officer Thiruvannamalai Revenue Division, Thiruvannamalai District- 606601.
2.The Tahsildar Thandrampet Taluk, Thiruvannamalai District-606707.
3.The Revenue Inspector Vanapuram Firkah, Thandrampet Taluk, Thiruvannamalai District. 606753.
4.The Village Administrative Officer Perungulathur Village, Thandrampet Taluk, Thiruvannamalai District-606708.
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, direction in the nature of writ, directing the 1st respondent/revenue divisional officer to update the 1/6
petitioner's name in survey no.169/6, joint patta no.167, situated at Perungulathur village, Thandrampet Taluk, Thiruvanamalai district, within the sub registration district of Thanipadi and registration district of Thiruvannamalai, based on the recommendations of the 2nd respondent/Tahsildar, dated 27.09.2022 and the petitioner's application, dated 08.12.2021 and 23.02.2022, within a stipulated time may be fixed by this Hon'ble High Court.
For Petitioner : M/s.J.Agni Selvaraju For Respondents :
: M/s.R.P.Murugan Raja, Government Advocate, for R1 to R4.
O R D E R
The petitioner seeks the issue of a writ of mandamus to the 1st respondent/Revenue Divisional Officer to update her name in S.No.169/6 in the joint patta No.167, situate at Perungulathur village, Thandrampet Taluk, Thiruvanamalai District, within the Sub Registration District of Thanipadi and Registration District of Thiruvannamalai considering the recommendation of the 2nd respondent/Tahsildar dated 27.09.2022 and the petitioner's applications dated 08.12.2021 and 23.02.2022. 2/6
2. It is the case of the petitioner that on 08.06.1998 she had purchased an acre of agricultural land in the above survey number and the revenue records has been mutated in her name in the joint patta No.167 on 08.02.2002. The petitioner would submit that she is the absolute owner of the property. While so, without notice to the petitioner, her name had been removed from the joint patta and on 08.12.2021, she had immediately submitted an application to the 2nd respondent to rectify the said mistake. However, no action was taken. Therefore, once again, on 23.02.2022 she had submitted an application to the 2nd respondent to rectify the mistake and update her name in the revenue records. Thereupon, the 2nd respondent had directed the 3rd and the 4th respondents to conduct an enquiry and submit a report.
The 2nd respondent called the petitioner for enquiry on 23.06.2022, 01.08.2022 and 16.08.2022 and thereafter recommended to the 1st respondent that the petitioner's name could be updated in the revenue records. However, though this recommendation was sent on 27.09.2022, the 1st respondent has not acted upon the same to date. Thus, the petitioner is before this Court.
3. Heard the learned counsel on either side.
4. The revenue records would indicate that the petitioner's name had 3/6
been initially included in the joint patta no.167 and without notice to the petitioner, her name had been removed. The 2nd respondent had submitted a recommendation to the 1st respondent that the petitioner's name could be included in the joint patta. This recommendation has been made as early as on 27.09.2022. However, the 1st respondent has shirked its statutory duty and consequently, the petitioner has been constrained to approach this Court.
5. Considering the above, a mandamus is issued to the 1st respondent to consider the petitioner's application dated 08.12.2021 and the reminder dated 23.02.2022 as also the recommendation of the 2nd respondent dated 27.09.2022 and pass orders thereon. In case of a rejection, a speaking order shall be passed. The said exercise shall be concluded within a period of 4 weeks from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is allowed. No costs. 08.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No 4/6
To 1.The Revenue Divisional Officer Thiruvannamalai Revenue Division, Thiruvannamalai District- 606601.
2.The Tahsildar Thandrampet Taluk, Thiruvannamalai District-606707.
3.The Revenue Inspector Vanapuram Firkah, Thandrampet Taluk, Thiruvannamalai District. 606753.
4.The Village Administrative Officer Perungulathur Village, Thandrampet Taluk, Thiruvannamalai District-606708.
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P.T. ASHA . J., (shr) 08.11.2024 6/6