Madras High CourtWP/34634/2023disposed of

G.Krishnamoorthi v. The Revenue Divisional Officer

2024-04-24Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24..04..2024 Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.34634 of 2023 G.Krishnamoorthy ..... Petitioner -Versus1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Tirukoilur and Kallakurichi District.

2.The Tahsildar, Ulundurpettai Taluk, Kallakurich District.

3.The Revenue Inspector, Senguirichi, Ulundurpettai Taluk, Kallakurichi District.

..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd respondent herein to implement the order of the 2nd respondent in Na.Ka.A5/3279/2023 dated 22.08.2023 and also further directing the 1st respondent to conclude the grievance of the petitioner within a time frame to be be fixed by this court.

For Petitioner : Mr.D.Babu Varadharajan For Respondent (s) : Mr.A.Selvendran, Special Government Pleader for RR1 to 3

ORDER

This writ petition has been filed seeking a writ in the nature of mandamus directing the 3rd respondent herein to implement the order of the 2nd respondent in Na.Ka.A5/3279/2023 dated 22.08.2023 and also further directing the 1st respondent to conclude the grievance of the petitioner.

2. The petitioner claims to be a senior citizen. According to the petitioner, the land comprised in S.No.374A/14, 374B/14 ad measuring an extent of 1 Acre and 24 cents with thatched house thereon measuring 640 square feet situated at Padur village,Ulundurpettai was originally owned by one Valliyammai, she having purchased the same from one Kesava Padayachi in 1994. The said Valliyammai had executed a Will dated 27.09.2011 to and in favour of the petitioner which was registered as Doc.No.28 of 2011 on the file of the Sub Registrar, Ulundurpettai. He has been in possession and enjoyment of the said property without any interference from any one based on the Will. While so, in 2023, he had applied for mutation of patta in his name. The grievance of the petitioner is that his request for mutation of revenue records in

his name has not been considered till date despite directions from the Revenue Divisional Officer. Hence, the writ petition.

3. Heard both sides.

4. The learned Special Government Pleader would, on instructions, submit that the request of the petitioner for mutation of his name in all the revenue records is pending and the 2nd respondent would conduct enquiry on the application of the petitioner and appropriate orders would be passed thereof after the enquiry within a reasonable time.

5. Considering the limited nature of the relief sought in the writ petition and the submissions made by the learned Special Government Pleader, this court, without going into the merits of the claim, directs the 2nd respondent to conduct an enquiry on the application of the petitioner for transfer of patta in his name and dispose of the application of the petitioner within a period of two months from the date of receipt of a copy of this order. This writ petition is disposed of accordingly with the above directions. No costs.

Index : yes / no 24..04..2024 : yes / no Speaking / Non Speaking Order

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To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Tirukoilur and Kallakurichi District.

2.The Tahsildar, Ulundurpettai Taluk, Kallakurich District.

3.The Revenue Inspector, Senguirichi, Ulundurpettai Taluk, Kallakurichi District.

N.SATHISH KUMAR.J., kmk 24..04..2024