← Library
Madras High CourtWP(MD)/13409/2019disposed of

K.Mohammed Subahan, v. The District Revenue Officer

2019-06-14Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.13409 of 2019 K.Mohammed Subahan

...Petitioner

-Vs1. The District Revenue Officer, Madurai District, Madurai.

2. The Tahsildar, (Madurai West) Madurai West Taluk Office, Madurai.

3. The Zonal Deputy Tahsildar (Madurai West), Madurai West Taluk Office, Madurai.

...Respondents

Prayer : Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 3rd respondent to transfer the patta in the name of the petitioner based on the order passed by the 1st respondent in his proceedings No.Ni.Mu.No.31998/2018/G5 dated 26.02.2019.

For Petitioner : Mr.V.M.Jegadeesh Pandian For Respondents : Mr.V.Anand, G.A.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the 3rd respondent to transfer the patta in the name of the petitioner based on the order passed by the 1st respondent in his proceedings No.Ni.Mu.No.31998/2018/G5 dated 26.02.2019. 2.Heard Mr.V.M.Jegadeesh Pandian, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondent.

3.The petitioner, in order to rectify the wrong inclusion of some third parties name in the patta of his land at S.No.10/2A, 33/1, 87/7 and 86/8 situated at Keelamathur Village, Madurai West Taluk, Madurai District, approached the District Revenue Officer, who, after hearing the parties concerned, on merits, decided the

same and passed orders on 26.02.2019, whereby, the District Revenue Officer rectified the mistake and directed the 2nd respondent Tahsildar to included the name of the petitioner and issue patta to the subject land belongs to the petitioner. 4.Pursuant to the said order dated 26.02.2019 passed by the 1st respondent, the 2nd respondent directed the 3rd respondent vide his proceedings dated 23.04.2019, to issue such patta in favour of the petitioner. Thereafter, several requests and representations have been made by the petitioner to the 3rd respondent and last such representation was made on 04.06.2019. Since the same has not been considered and no orders have been passed by the 3rd respondent as directed by the respondents 1 and 2, the petitioner is before this Court.

5.I have heard the leaned Government Advocate, who would submit that the said request of the petitioner would be considered in the light of the order passed by the 1st respondent, within a time frame to be stipulated by this Court.

6.Considering the said submissions made by both sides and taking into the account the factual matrix of the case, this Court is inclined to pass the following order by disposing this writ petition:

"The 3rd respondent is hereby directed to consider the representation of the petitioner dated 04.06.2019 and decide the same by passing order granting patta in favour of the petitioner as directed by the 1st respondent by his proceedings dated 26.02.2019 in Ni.Mu.No.31998/2018/G5 and also the directive issued by the 2nd respondent vide his proceedings dated 23.04.2019 in Na.Ka.No.1126/19/B and pass orders thereon, within a period of six weeks from the date of receipt of a copy of this order." 7.With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) Arul

To 1.The District Revenue Officer, Madurai District, Madurai.

2.The Tahsildar, (Madurai West) Madurai West Taluk Office, Madurai.

3.The Zonal Deputy Tahsildar (Madurai West), Madurai West Taluk Office, Madurai.

+1cc to M/S V.M.JEGADEESHA PANDIAN, Advocate, Sr.No.68790 +1cc to M/S SPECIAL GOVERNMENT PLEADER, Sr.No.69250 Order made in W.P.(MD)No.13409 of 2019 Dated:

14.06.2019 BUC(24/06/2019)3P/6C