Shanthi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Shanthi ... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, RDO Office, Near to Manimandapam, New Bus Stand Road, Thanjavur, Thanjavur District.

3.The Tahsildar, Papanasam Taluk, Thanjavur District.

4.Shanthi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to conduct and complete the enquiry proceedings in Va.Thee.Manu.No.725/23/A4 and to issue patta in favour of the petitioner and other legal heirs of the petitioner's father Late.G.Jeyaraman in respect of the property in Old Sy.No.117 in New Sy.No. 262/4 to the extent of 33 cents of eastern side out of 9.56 acres situated at 1/5

Melakalakudi Village, Papanasam Taluk, Thanjavur Town and District within a stipulated period as framed by this Court.

For Petitioner : Mr.A.Sankara Ramasubramanian For R1 - R3 : Mrs.K.Malathi Additional Government Pleader

O R D E R

The petitioner seeks an issuance of writ of mandamus to direct the 3rd respondent to conduct enquiry pursuant to the enquiry notice issued in Na.Ka.No.746/23/A4, dated 05.12.2023.

2. The grievance of the petitioner is that the 4th respondent has no right in the subject property. It absolutely belongs to the petitioner who has become entitled to the same pursuant to the demise of his father Jeyaraman, who had purchased the property through a registered sale deed, dated 25.04.1997. The petitioner made an application on 19.05.2023 to remove the name of the 4th respondent. The 3rd respondent, on receipt of the application of the petitioner, issued an enquiry notice, which the petitioner now seeks disposal. 2/5

3. However, today, when the matter is taken up for admission, the learned Additional Government Pleader would submit that in respect of Survey No. 262/4, patta has been mutated in the name of one Pugalenthi, s/o Subbian and now, patta is standing in the name of one Pugalendhi.

4. In view of the above, the 3rd respondent is directed to conduct an enquiry after affording an opportunity to the petitioner, 4th respondent as well as Pugalenthi s/o Subbian, in whose name Patta No.91 has been mutated as on date and thereafter, pass orders on merits and in accordance with law and thereby dispose of the enquiry proceedings initiated on the complaint of the petitioner, dated 19.05.2023. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.

5. With the above directions, this Writ Petition stands disposed of. No costs.

18.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/5

To:

1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, RDO Office, Near to Manimandapam, New Bus Stand Road, Thanjavur, Thanjavur District.

3.The Tahsildar, Papanasam Taluk, Thanjavur District.

4/5

P.B.BALAJI , J.

gbg 18.03.2025 5/5