Kathiravan v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Kathiravan ... Petitioner Vs.

1.The District Revenue Officer, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Oddanchatram Taluk Office, Oddanchatram, Dindigul District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent to consider the petitioner's representation dated 15.03.2022 within a time frame that may be fixed by this Court.

For Petitioner : Mr.K.Arunraj For Respondents : Mr.D.Sasikumar, Additional Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the second respondent to rectify the error in the patta based on the petitioner's representation dated 15.03.2022 within a time frame to be fixed by this Court.

2. According to the petitioner, Patta No.946, situated in Survey No.328/3 measuring an extent of 5 ares (12 1⁄2) cents situated at Oddanchatram Village, Palani Taluk, Dindigul District, stands in the joint names which includes the petitioner. According to him, the subject property mentioned in the patta is exclusively owned by the petitioner having inherited the same from his father. 1/3

3. The petitioner has given a representation on 15.03.2022 to the respondents to rectify the mistake and has also submitted documents. According to the petitioner, his representation has not been considered till date. In such circumstances, he has filed this Writ Petition.

4. Heard Mr.K.Arunraj, learned counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

5. The petitioner has filed documents along with the Writ Petition in support of his contentions. It is for the respondents to consider the same on merits and in accordance with law. No prejudice would be caused to the respondents, if the petitioner's representation seeking for rectification of Patta No.946 is considered on merits and in accordance with law, after affording a fair hearing to the petitioner 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 15.03.2022 seeking for rectification of Patta No.946 and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the second respondent deems fit to enquire, within a period of three (3) months from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(CO) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 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, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Oddanchatram Taluk Office, Oddanchatram, Dindigul District.

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-15583[F] dated 31/03/2022 ) +1 CC to M/s.SPL GP ( SR-15660[F] dated 31/03/2022 ) 30.03.2022 nsn(CO) TR(07.04.2022) 3P 6C 3/3