K.Ganesan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.5038 of 2018 K.Ganesan ... Petitioner Vs.

1. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sattur Town, Virudhunagar District.

2. The Tahsildar, Taluk Office, Rajapalayam Town, Virudhunagar District.

... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Mandamus, to direct the 1st respondent herein to consider and pass order on the petitioners representation dated 21.12.2017 sent for ordering changes in the village account relating to the property comprised in S.No.63/5Q in Thergu Venganallur Village, Rajapalayam Taluk.

For Petitioner : Mr.M.Thirunavukarasu For Respondents : Mr.P.Kannidevan, Additional Government Pleader.

ORDER

This writ petition has been filed seeking direction to the first respondent to consider and pass orders on the representation of the petitioner dated 21.12.2017 for making changes in the village account relating to the property comprised in S.No.63/5Q in Thergu Venganallur Village, Rajapalayam Taluk. 2.According to the petitioner, the property in Natham S.No.63/5Q originally belongs to the petitioner and one Mayandi but the survey number was wrongly mentioned as pathway in the revenue records. Hence, the petitioner filed a suit in O.S.No.216 of 2009 on the file of the Principal District Munsif Court, Srivilliputhur for declaration and injunction and for mandatory injunction directing the respondents herein to issue patta to the petitioner. The said suit was also decreed in favour of the petitioner on 06.07.2011.

As against the said decree, no appeal has been filed and the said decree has become final. In the above circumstances, the petitioner has submitted a representation dated 21.12.2017 before the respondents seeking to change the survey number in respect of the said property in the revenue records. https://hcservices.ecourts.gov.

Since no order has been passed, the present writ petition has been filed.

3.Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner, dated 21.12.2017 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sattur Town, Virudhunagar District.

2. The Tahsildar, Taluk Office, Rajapalayam Town, Virudhunagar District.

+1cc to Mr.M.Thirunavukarasu, Advocate Sr.No.53997 +1cc to Spl.Government Pleader Sr.No.54504 SMS VB/CVC/SAR1/04.04.2018/2P/5C Writ Petition (MD) No.5038 of 2018 09.03.2018 https://hcservices.ecourts.gov.in/hcservices/