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Madras High CourtWP(MD)/4647/2020disposed of

S.Gothai Nachiar @ Senthattiveerammal v. The District Revenue Officer

2020-07-28Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.07.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.4647 of 2020 S.Gothai Nachiar @ Senthattiveerammal

...Petitioner

Vs 1.The District Revenue Officer, The Office of District Revenue Officer, Virudhunagar Town, Virudhunagar District.

2.The Revenue Divisional Officer, The Office of Revenue Divisional Officer, Sivakasi Town, Virudhunagar District.

3.The Tahsildar, Srivilliputtur Taluk Office, Srivilliputtur Town, Virudhunagar District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the representation of the petitioner dated 18.09.2019, which was given for issuance of joint patta in the name of the petitioner, after rectifying the mistake of wrong classification of petitioner's land for S.No.111/2 (Old S.Nos.137, 138 and 139) of Mamsapuram Village, Srivilliputhur Taluk.

For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.R.Sethuraman Special Government Pleader

ORDER

This writ petition is filed to direct the respondents to consider the petitioner's representation dated 18.09.2019 to issue a joint patta in the name of the petitioner and others, after rectifying the mistake of wrong classification of petitioner's land for S.No.111/2 (Old S.Nos.137, 138 and 139) situated at Mamsapuram Village, Srivilliputhur Taluk.

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2.According to the petitioner, with the relief sought for in the prayer, she made a representation dated 18.09.2019 to the respondents. But, on such representation no action has been taken till date. Hence, the present writ petition. 3.The learned Special Government Pleader appearing for the respondents would submit that after issuing notice to the petitioner, she was asked to appear before the 3rd respondent on 24.07.2020 with all relevant documents for enquiry. However, the petitioner did not appear for enquiry on that day. 4.In reply, the learned counsel appearing for the petitioner would submit that due to the complete lockdown on account of the COVID-19 pandemic, the petitioner was unable to appear for enquiry on 24.07.2020. He would further requested this Court one more opportunity may be given to the petitioner to appear before the 3rd respondent for enquiry. The learned Special Government Pleader is agreed with the submission of the learned counsel appearing for the petitioner.

5.Recording the submission of both side counsels, this Court is inclined to pass the following directions:- i) the petitioner is directed to appear before the 3rd respondent along with all relevant documents for enquiry on 18.08.2020;

ii) on such appearance, the 3rd respondent is directed to consider the petitioner's representation dated 18.09.2019 and pass appropriate orders on merits and in accordance with law, within a period of 8 weeks therefrom;

iii) no further time shall be granted to the petitioner to appear before the 3rd respondent for enquiry; 6.This Writ Petition is disposed of, with the above terms. No costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 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 District Revenue Officer, The Office of District Revenue Officer, Virudhunagar Town, Virudhunagar District.

2.The Revenue Divisional Officer, The Office of Revenue Divisional Officer, Sivakasi Town, Virudhunagar District.

3.The Tahsildar, Srivilliputtur Taluk Office, Srivilliputtur Town, Virudhunagar District.

W.P.(MD) No.4647 of 2020 28.07.2020 AP(06/08/2020) 3 P 4C 3/3