Vairamuthu .M v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Vairamuthu ... Petitioner Vs.

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

2. The Tahsildar, Gujiliamparai Taluk, Gujiliamparai, Dindigul District.

3. Maruthayammal

4. Anjallammal ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st and 2nd respondents herein to delete the name of the 3rd and 4th respondents herein from the Patta Nos. 762 and 1235 with regard to property in Survey Nos.679/3, 680, 681/1, 681/2, 683/1, 692/1A, 683/4A, 683/5 and 684/2 situated at Kottanatham Village, Gujiliyamparai Taluk, Dindigul District based on the petitioner's representation dated 25.02.2022.

For Petitioner : Mr.G.Gomathi Sankar For Respondents 1&2 : Mr.M.Lingadurai Special Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the first and second respondents to delete the name of the third and fourth respondents in Patta Nos.762 and 1235 in respect of the properties in Survey Nos.679/3, 680, 681/1, 681/2, 683/1, 692/1A, 683/4A, 683/5 and 684/2 situated at Kottanatham Village, Gujiliyamparai Taluk, Dindigul District, based on the petitioner's representation dated 25.02.2022 within a time frame to be fixed by this Court.

2.The petitioner claims that wrongly, the names of the third and fourth respondents have been included in the aforementioned pattas. In such circumstances, the petitioner has given a representation on 25.02.2022, seeking for deletion of their names in 1/3

the said pattas. Since the said representation has not been considered till date, the petitioner has filed this writ petition. 3.Heard Mr.G.Gomathi Sankar, learned Counsel appearing for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of the first and second respondents.

4.No prejudice would be caused to the second respondent if the representation of the petitioner dated 25.02.2022 is considered on merits and in accordance with law after affording a fair hearing to the petitioner as well as the third and fourth respondents and any other necessary party whom the second respondent deems fit to enquire.

5.Accordingly, this Court directs the second respondent to consider the petitioner's representation dated 25.02.2022 seeking for deletion of the names of the third and fourth respondents from the Patta Nos.762 and 1235 in respect of the properties in Survey Nos.679/3, 680, 681/1, 681/2, 683/1, 692/1A, 683/4A, 683/5 and 684/2 situated at Kottanatham Village, Gujiliyamparai Taluk, Dindigul District and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner as well as the third and fourth respondents and any other necessary party whom the second respondent deems fit to enquire.

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

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To

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

2. The Tahsildar, Gujiliamparai Taluk, Gujiliamparai, Dindigul District.

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+1 CC to M/s.G.GOMATHI SANKAR, Advocate ( SR-15409[F] dated 30/03/2022 ) +1 CC to M/s.SPL GP ( SR-15727[F] dated 31/03/2022 ) 30.03.2022 SVS(CO) KB(08.04.2022) 3P 5C 3/3