R.Amsaveni v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN R.Amsaveni ... Petitioner versus 1.The Revenue Divisional Officer, Valangaiman Town and Taluk, Thiruvarur District.
2.The Tahsildar, Taluk Office, Valangaiman Taluk, Thiruvarur District.
3.The Village Administrative Officer, Valangaiman, Thiruvarur District.
.....Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the third respondent to implement the order passed by the second respondent in proceedings namely Na.Ka.No.1225/2023 dated 20.05.2023 directing the third respondent to conduct an enquiry in the light of the representation dated 18.04.2023 given by the petitioner.
Pg.Nos.1/6
For Petitioner : Mr.Akhil Akbar Ali For Respondents : Mr.P.Gurunathan Additional Government Pleader
O R D E R
Mr.P.Gurunathan, learned Additional Government Pleader takes notice for the respondents. With the consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself.
2. This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the third respondent to implement the order passed by the second respondent in proceedings in Na.Ka.No.1225/2023 dated 20.05.2023, in and by which, the second respondent directed the third respondent to conduct an enquiry by considering the representation of the petitioner, dated 18.04.2023.
3. It is the claim of the petitioner that since some mistakes have crept in, in the VAO Patta Registration Form -4, Patta Transfer Order and other documents in respect of subject property, the petitioner sent a representation Pg.Nos.2/6
to the first respondent on 27.01.2022. As per the directions of the first respondent, a survey was conducted in respect of the property situated in S.F.No.246/2A4 of Valangaiman Village, Valangaiman Taluk, Tiruvarur District, however, even after the said survey, the same error occurred. Therefore, the petitioner sent another representation dated 18.04.2023 to the respondents. Pursuant to the said representation, the second respondent herein, vide proceedings in Na.Ka.No.1225/2023/AA2 dated 20.05.2023, directed the third respondent to conduct an enquiry and send a report along with necessary documents and also VAO statement. Since the said mistakes have not been carried out by the third respondent till date, the present Writ Petition has been filed for the relief stated supra.
4. It is seen that the petitioner has produced the sale deed and Patta. The Patta is not in consonance with the schedule of the property mentioned in the Sale Deed. Despite the second respondent having been given directions to the third respondent to conduct the enquiry, the third respondent has not conducted the enquiry till date. Therefore, the third Pg.Nos.3/6
respondent is directed to comply with the order dated 20.05.2023 passed by the second respondent within a period of one week from today.
5. With the above directions, this Writ Petition is disposed of, with costs of Rs.25,000/- (Rupees twenty five thousand) to be paid by the third respondent to the petitioner. It is made clear that the third respondent is directed to pay the costs to the petitioner from his/her salary. 30.11.2023 Note : Issue Order Copy on 01.12.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms Pg.Nos.4/6
To 1.The Revenue Divisional Officer, Valangaiman Town and Taluk, Thiruvarur District.
2.The Tahsildar, Taluk Office, Valangaiman Taluk, Thiruvarur District.
3.The Village Administrative Officer, Valangaiman, Thiruvarur District.
Pg.Nos.5/6
P.VELMURUGAN, J ms 30.11.2023 Pg.Nos.6/6