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Madras High CourtWP/27355/2017disposed of

Sellammal v. The Revenue Divisional

2023-04-12Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Sellammal ... Petitioner Vs.

1.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Kallakurichi.

2.The Thasildhar, Chinnasalem, Villupuram District.

3.Bhuvaneswaran 4.Balakrishnan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to consider the application of the petitioner herein dated 07.07.2015 along with the representation of the petitioner herein dated 04.11.2016 and pass orders on the same within an appropriate time.

For Petitioner : Ms.Jeevitha For Mr.R.Nalliyappan For R1 & R2 : Mr.Abishek Murthy Government Advocate For R4 : Mr.T.Arun Kumar For R3 : Not Ready in Notice

O R D E R

The relief sought for in the present writ petition is to direct the respondents to consider the application submitted by the writ petitioner on 07.07.2015 for cancelling certain revenue records.

2. Regarding grant of patta or its cancellation or mutation of revenue records, the procedures as contemplated under the Tamil Nadu Patta Passbook Act,1983 is to be followed scrupulously by the authorities competent. An Appeal has been contemplated under the Act, as a remedy for any person aggrieved from and out of the original order passed by the authorities. In the present case, the petitioner states that she has submitted an application on 07.07.2015 and now seven and half years lapsed.

3. The learned Government Advocate appearing on behalf of the respondents 1 and 2 brought to the notice of this Court that the application is not in the prescribed format and therefore, the same cannot be considered by the authorities.

4. In view of the facts and circumstance, the petitioner is at liberty to submit a fresh application in the prescribed format in compliance with the provisions of the Act along with the all necessary documents. In the event of filing any such application, the competent authorities shall consider the same on merits and by following the procedures.

5. With this liberty, this Writ Petition stands disposed of. No costs. 12.04.2023 Jeni Index : Yes Speaking order

To 1.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Kallakurichi.

2.The Thasildhar, Chinnasalem, Villupuram District.

S.M.SUBRAMANIAM, J.

Jeni 12.04.2023