Asarafali v. The Revenue Divisional Officer

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 02.07.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR Asarafali ... Petitioner Vs

1. The Revenue Divisional Officer, Thiruvaiyaru Taluk, Thanjavur Distirct.

2. The Tahsildar, Thiruvaiyaru Taluk, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to conduct investigation and pass appropriate orders based on the petitioner's representation dated 01.08.2022. For Petitioner : Mr.M.Vivek For Respondents : Mr.A.Baskaran, Addl. Govt. Pleader

O R D E R

This Writ Petition is filed seeking a direction to the first respondent to consider his representation dated 01.08.2022 and pass 1/4

orders on merits.

2. Heard the arguments of Mr.M.Vivek, learned counsel for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents.

3. It is the case of the petitioner that he owns 21 cents of land in old S.No.333/6 and New.S.No.333/17 in Mela Thiruppoonthuruthi Village, Thiruvaiyaru Taluk, Thanjavur District, as per the registered settlement deed executed by the petitioner's grandmother Ashabevi Ammal. However, the revenue records have not been mutated in favour of the petitioner till date. Therefore, the petitioner filed a Writ Petition in W.P.(MD)No.10827 of 2022, seeking survey of the property and issuance of patta. When the said Writ Petition came up for hearing, the learned Additional Government Pleader appearing for the official respondents informed the Court that the subject property was classified as sarkar poramboke in the revenue records and 16 cents of the land out of 21 cents was already assigned in favour of the persons belonging to schedule caste community. After recording the said representation made on behalf of the official respondents, this Court directed the respondents to consider the request of the petitioner for issuance of patta atleast for 2/4

the undisputed portion. As far as disputed portion of the subject property is concerned, the petitioner was directed to workout his remedy before the civil Court. Thereafter, the petitioner submitted a present representation on 01.08.2022, making certain allegations against the official respondents. This Court already directed the official respondents to survey and demarcate the undisputed portion and regarding the disputed portion, the petitioner has been relegated to the civil Court.

4. In these circumstances, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the representation of the petitioner dated 01.08.2022, in the light of the order passed by this Court in W.P.(MD)No.10827 of 2022 and pass final orders on its own merits, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and other interested parties.

5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

02.07.2025 vsm 3/4

Index: Yes/No Internet: Yes/No S.SOUNTHAR, J.

vsm To

1. The Revenue Divisional Officer, Thiruvaiyaru Taluk, Thanjavur Distirct.

2. The Tahsildar, Thiruvaiyaru Taluk, Thanjavur District.

W.P (MD) No.5154 of 2023 02.07.2025 4/4