M. Mathivathanan v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA W.P(MD)NO.2162 OF 2025 M.Mathivathanan : Petitioner .vs.
1.The District Revenue Officer, Office of the District Collector, Thanajavur District.
2.The Revenue Divisional Officer, Pattukottai, Thanjavur District.
3.The Revenue Tahsildar, Pattukottai Taluk, Thanjavur District.
4.The Executive Officer, Hindu Religious and Charitable Endowment Department, Arulmighu Anjaneya Temple, Palathali, Pattukottai Taluk, Thanjavur District.
:Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to conclude the proceedings initiated for issuance of patta in the name of the Petitioner's ancestors as per the letter, dated 29.7.2024 in Na.Ka.No.1712051/2024/Vu(3) of the first respondent and to grant patta for an extent of 35 1⁄2 cents in
S.NO.133/4 at Ottankadu Village, Pattukottai Taluk, Thanjavur District.
For Petitioner :Mr.J.Anandkumar For Respondents :Mr.A.Kannan 1 to 3 Addl.Govt.Pleader For Respondent-4 :Mrs.S.Praba
O R D E R
********** This Writ Petition is filed for a Writ of Mandamus directing the respondents 1 to 3 to conclude the proceedings initiated for issuance of patta in the name of the Petitioner's ancestors as per the letter, dated 29.07.2024 in Na.Ka.No.1712051/2024/Vu(3) of the first respondent and to grant patta for an extent of 35 1⁄2 cents in S.NO.133/4 at Ottankadu Village, Pattukottai Taluk, Thanjavur District.
2.Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 to 3 and Mrs.S.Praba, learned counsel takes notice for the fourth respondent. . By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.The subject property in S.No.133/4 to an extent of 35 1⁄2 cents was purchased by the Petitioner's ancestor Akilandathammal by way of registered sale deed, dated 06.03.1970. Eversince the date of purchase, the Petitioner's ancestors were in peaceful possession and enjoyment of the property. Without considering the registered document and the earlier revenue documents,the said land was classified as prohibited land and patta was refused to an extent of 35 1⁄2 cents of land belonging to the Petitioner's ancestors.The Petitioner therefore submitted a representation on 25.06.2024, and several representations thereafter. Some of the representations were forwarded by the first respondent to the respondents 2 and 3 to initiate further proceedings on the Petitioner's representations.
In fact, the District Revenue Officer, by communication, dated 29.7.2024, directed the the second and third respondents to inititiate appropriate proceedings, if the facts disclosed that it was UDR error, the Revenue Divisional Officer was directed to forward a report in this regard. Inspite of the the first respondent's communication, dated 29.07.2024, no action was taken. Therefore, the first respondent again addressed a letter to the second respondent/The Revenue Divisional Officer, Pattukottai to conduct an enquiry and file a report. Even thereafter, the second respondent did not take any action on the same.
aforesaid relief.
4.The learned Additional Government Pleader appearing for the respondents 1 to 3 submits that reasonable time may be granted to the official respondents to conclude the enquiry and submit a report to the first respondent.Thereafter reasonable time may be granted to the first respondent to pass final orders on the Petitioner's representation.
5.Considering the fact that though the first respondent as early as on 29.7.2024, directed the second respondent to conduct an enquiry and send a report and the second respondent failed to take any steps, I am inclined to issue a direction to the second respondent to conduct an enquiry by giving opportunity of hearing to the Petitioner and fourth respondent and thereafter file a report to the first respondent. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. On receipt of the report of the second respondent, the first respondent shall give an opportunity of hearing to the Petitioner as well as to the fourth respondent and thereafter, pass final orders within a period of eight weeks. It is made clear that the entire exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.
6.The Writ Petition is disposed of accodingly. No costs. 28.01.2025 NSC :Yes/No Index:Yes/No Internet:Yes/No vsn To 1.The District Revenue Officer, Office of the District Collector, Thanajavur District.
2.The Revenue Divisional Officer, Pattukottai, Thanjavur District.
3.The Revenue Tahsildar, Pattukottai Taluk, Thanjavur District.
4.The Executive Officer, Hindu Religious and Charitable Endowment Department, Arulmighu Anjaneya Temple, Palathali, Pattukottai Taluk, Thanjavur District.
N.MALA, J.
vsn ORDER MADE IN W.P(MD)NO.2162 of 2025 28.01.2025