Dr.Anand Kumar Raju v. The Revenue Divisional Officer

In the High Court of Judicature at Madras Dated : 09.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.249 of 2025 Dr.Anand Kumar Raju

...Petitioner

Vs 1.The Revenue Divisional Officer, Revenue Divisional Office, Sriperumbudur.

2.The Tahsildar, Taluk Office, Sriperumbudur.

3.Mr.W.S.Rajkumar 4.Mr.W.S.Ravikumar

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to dispose of the petitioner's representation dated 13.8.2024 within a time frame fixed by this Court.

For Petitioner :

Mr.R.Mohanraja For R1 & R2 :

Mr.A.Selvendran, SGP

ORDER

Seeking a direction to the first respondent to dispose of his 1/5

representation dated 13.8.2024, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for respondents 1 and 2.

3. The case of the petitioner is as follows : (i) The petitioner's mother was assigned dry agricultural waste land measuring 5 acres comprised in punja survey No.282/3 of 123, Pennalur Village, Sriperumbudur Taluk, then Chengalpat District, presently Kancheepuram District by the proceedings of the second respondent dated 27.11.1969 in recognition of her service as a Member of the Women Axillary Air Force during the Second World War. Her name has been registered in the UDR, the A-Register and the Village Revenue Records. The petitioner's mother died on 28.9.1976 leaving behind her the petitioner as her only male legal heir and two daughters - one Mrs.Sakuntala Chella Durai, who is none other than the mother of respondents 3 and 4 and one Ms.Allhadini Raju, a spinster.

(ii) On 28.5.1984, the second respondent issued a legal heirship certificate and the petitioner and his two sisters are entitled to 1/3rd share each in the subject property. After marriage, the said Mrs.Sakuntala Chella Durai was living with her family away from the maternal home and the petitioner alone was cultivating the subject 2/5

property and had paid tax to the Revenue Department. (iii) On 06.8.1980, the Revenue Divisional Officer, Kanchipuram cancelled the patta issued in the name of the petitioner's mother. As against the said order, the petitioner preferred an appeal to the District Revenue Officer, Chengalpat, who, vide proceedings dated 06.8.1984, restored the patta with certain conditions. Thereafter, the petitioner's sisters released their 2/3rd share in the subject property in favour of the petitioner and had given a consent letter dated 22.9.1988 for issuing patta in favour of the petitioner. The Village Records and the Taluk Accounts were also mutated and patta No.13 was issued to the petitioner. When the petitioner has been in possession and enjoyment of the subject property, his sisters never claimed any right over the same.

(iv) While so, respondents 3 and 4 preferred an appeal to the Revenue Divisional Officer, Kancheepuram seeking to cancel the patta issued in the name of the petitioner. Further, without calling for the records and without considering the objections, by proceedings dated 09.1.2018, the Revenue Divisional Officer, Kancheepuram cancelled the patta issued in favour of the petitioner and directed the second respondent to restore the patta and the A-register in the name of the petitioner's mother. The revision petition filed by the petitioner against the said order dated 09.1.2018 was also dismissed by the District 3/5

Revenue Officer, Kancheepuram by proceedings dated 04.9.2018. Further, a joint patta was issued by the second respondent in the names of the petitioner and respondents 3 and 4. Aggrieved by the joint patta issued by the second respondent, the petitioner sent a representation dated 13.8.2024 before the first respondent. As the same did not evoke any response, the petitioner has come forward with this writ petition.

4. The petitioner's limited request is to consider his representation of the petitioner dated 13.8.2024 by the first respondent at the earliest.

5. Accordingly, the writ petition is allowed and a Mandamus is issued to the first respondent to consider the said representation of the petitioner dated 13.8.2024 on merits and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs.

09.1.2025 To 1.The Revenue Divisional Officer, Revenue Divisional Office, Sriperumbudur.

2.The Tahsildar, Taluk Office, Sriperumbudur.

4/5

P.T.ASHA,J RS 09.1.2025 5/5