Rahima Kani.U v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE U.Rahima Kani .. Petitioner Vs 1.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

3.Nagendran .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to conduct an enquiry based on the representation of the petitioner dated 20.12.2021 and to correct the revenue record in respect of the property in S.No.214/6 in Vendhoni Village, Paramakudi Taluk, Ramanathapuram District.

For Petitioner : Mr.G.Prabhu Rajadurai For R-1 & R-2 : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the official respondents to conduct an enquiry based on the petitioner's representation, dated 20.12.2021, seeking for correction of the revenue records in respect of the property in S.No.214/6 in Vendhoni Village, Paramakudi Taluk, Ramanathapuram District and pass final orders within a time frame to be fixed by this Court.

2.Heard Mr.G.Prabhu Rajadurai, the learned cousnel for the petitioner and Mr.M.Lingadurai, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 and 2. 3.According to the petitioner, she has inherited the aforementioned property and she is presently the absolute owner. According to her, erroneously, the name of the third respondent is found in the revenue records maintained by the official respondents for the very same property. Therefore, she has given a representation dated 20.12.2021, seeking for removal of the name of the third respondent as the owner of the aforementioned property 1/3

from the revenue records. Since the representation has not been considered till date, she has filed this writ petition. 4.The petitioner has produced before this Court certain documents in support of her case. The petitioner has filed the partition deed and the Will based on which, she claims that she is the absolute owner of the aforementioned property. Those documents will have to be examined by the second respondent in the final order to be passed by them on the petitioner's representation. 5.No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and the third respondent and other necessary parties, whom the second respondent deems fit to enquire. 6.

Accordingly, this Court directs the second respondent to consider the petitioner's representation, dated 20.12.2021, seeking for rectification of the revenue records in respect of the property in S.No.214/6 in Vendhoni Village, Paramakudi Taluk, Ramanathapuram District, by removing the name of the third respondent and replacing the same with her name and pass final orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and the third respondent and any other necessary party, whom the second respondent deems fit to enquire. The petitioner shall produce all the relevant records to enable the second respondent to conduct the enquiry.

7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

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To 1.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

+1 CC to M/s.SPL GP ( SR-10332[F] dated 07/03/2022 ) +1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-10443[F] dated 07/03/2022 ) 04.03.2022 KG(CO) TR(18.03.2022) 3P 5C 3/3