T.Balasubramaniyan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI T.Balasubramaniyan .... Petitioner /Vs./ 1.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Kumbakonam, Thanjavur.

2.The Tahsildar, Kumbakonam Taluk, Kumbakonam, Thanjavur District.

3.S.Suresh Moopanar ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to direct the second respondent to grant joint patta in the name of the petitioner and his wife for the property in Survey No.141/3 an extent of 7 cents in Melavellapillaiyam Pettai Street, Thiruvalanjuli Village, Kumbakonam Taluk, Thanjavur District by considering the petitioner's representation dated 23.01.2025, within the period as stipulated by this Court. 1/5

For Petitioner : Mr.A.Haja Mohideen For R1 & R2 : Mr.S.Kameswaran Government Advocate

ORDER

The writ petitioner seeks issuance of a Writ of Mandamus to direct the first respondent, who in turn direct the second respondent to grant joint patta in respect of the property comprised in Survey No.141/3, measuring 7 cents in Melavellapillaiyam Pettai Street, Thiruvalanjuli Village, Kumbakonam Taluk, Thanjavur District. The petitioner has made a representation in this regard on 23.01.2025 which is sought to be disposed of by way of the instant writ petition.

2. With the consent of the parties, the writ petition itself is taken up for final disposal at the admission stage.

3. I heard the learned counsel for the petitioner and Mr.S.Kameswaran, learned Government Advocate appearing for the official respondents 1 & 2.

4. The learned Government Advocate appearing for the officials respondents would submit that patta has already been mutated in the joint names along with father of the third respondent. 2/5

5. The grievance of the petitioner is that, the third respondent's father had no right or interest in the subject lands namely survey No.141/3 and inclusion of his name in the patta was clearly inadvertent and erroneous and it is only the said error which is sought to be rectified by the petitioner vide representation dated 23.01.2025.

6. Considering the above, without going into the merits of the entitlement of the petitioner, it would suffice to allow the writ petition directing the first respondent to dispose of the petitioner's representation dated 23.01.2025 after affording an opportunity to the petitioner as well as the third respondent. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Index : Yes / No NCC : Yes / No 19.02.2025 am 3/5

To 1.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Kumbakonam, Thanjavur.

2.The Tahsildar, Kumbakonam Taluk, Kumbakonam, Thanjavur District.

4/5

P.B. BALAJI , J.

am Order made in Dated:

19.02.2025 5/5