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Madras High CourtWP(MD)/3005/2024disposed of

Yogeswaran .S v. The Revenue Divisional Officer

2024-02-13Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 13.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.3005 of 2024 S.Yogeswaran

...Petitioner

/Vs./ 1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thamariakulam (Camp), Periyakulam, Theni District.

2.The Tahsildar, Periyakulam Taluk, Theni District.

3.The Additional Inspector General of Registration, TNAU Nagar, Rajakambiram, Y.Othakadai, Madurai - 625 107.

4.The Joint Sub Registrar No.I, Additional General Inspector of Registration Office, Thenkarai, Periyakulam, Theni District.

5.Ponmanoharan

...Respondents

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1-2 1/6

herein to make modification of entry in Patta No.6836 for Survey No.1170, Thamaraikulam Bit - I, Periyakulam, Theni District by restoring the patta in the name of P.Kandasamy Ambalam, S/o.Periyandi Ambalam instead of N.Kandasamy Ambalam, S/o.Nedungulathan.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.SRA.Ramachandran (R1 & R2) Additional Government Pleader Mr.S.S.Madhavan (R3 & R4) Government Advocate

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the respondents 1 and 2 to make modification of entry in Patta No. 6836 for Survey No.1170, Thamaraikulam Bit - I, Periyakulam, Theni District by restoring the patta in the name of P.Kandasamy Ambalam, S/o.Periyandi Ambalam instead of N.Kandasamy Ambalam, S/o.Nedungulathan.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader and the Government Advocate appearing for the official respondents. Since no adverse order is going to be passed in this writ petition, notice to the 5th respondent is dispensed with. By consent of both 2/6

parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the petitioner made a representation to the respondents on 25.11.2023 regarding restoration of patta. Since the same has not been considered till date, the present writ petition has been filed.

4. The learned Additional Government Pleader and the Government Advocate appearing for the official respondents submits that the petitioner's representation will be disposed of in accordance with law by the respondents within the time stipulated by this Court.

5. In view of the above said submission, this Court, without expressing any opinion on the merits of the matter, directs the second respondent to conduct enquiry with regard to restoration of patta by considering the representation of the petitioner, dated 25.11.2023 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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6. With the above directions, this writ petition is disposed of. No costs. 13.02.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 4/6

TO:- 1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thamariakulam (Camp), Periyakulam, Theni District.

2.The Tahsildar, Periyakulam Taluk, Theni District.

3.The Additional Inspector General of Registration, TNAU Nagar, Rajakambiram, Y.Othakadai, Madurai - 625 107.

4.The Joint Sub Registrar No.I, Additional General Inspector of Registration Office, Thenkarai, Periyakulam, Theni District.

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V.BHAVANI SUBBAROYAN, J.

sm Order made in W.P(MD)No.3005 of 2024 Dated:

13.02.2024 6/6