N.Paramanathan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.16629 of 2015 N.Paramananthan ...Petitioner Vs.

1.The Revenue Divisional Officer, Periyakulam Sub-Division, Periyakulam, Theni District.

2.The Thasildar, Theni.

3.Mahalingam ...Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation, dated 08.07.2015 and pass appropriate orders within the time frame fixed by this Court.

For petitioner : Mr.Lakshmi Gopinath for M/s.Polex Legal Solution For R-1 & R-2 : Mr.M.Murugan, Government Advocate

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation, dated 08.07.2015 and pass appropriate orders within a stipulated time.

2. It is averred in the petition that the petitioner belongs to scheduled caste community and the lands in survey No.257/3 measuring to an extent of 0.88.00 acres, in Survey No.258/6 measuring to an extent of 0.50.00 acres and in Survey No.258/3 measuring to an extent of 0.21.00 acres situated in jamin koduvilarpatti village, Vallalnathi in Theni Taluk, Theni District were under jamin administration and those lands were covered under the lands which were allotted to the downtrodden people and landless poor coolies. The property mentioned in the above said survey numbers were allotted to the grandfather of the petitioner namely Thiru.Kuthirai Kathiravan and revenue records also were standing in the name of Kuthirai Kathiravan.

While so, the second respondent has modified the survey records from the name of the grandfather of the petitioner to the name of the third respondent. Hence, the petitioner made a representation, dated 08.07.2015 to the respondents 1 and 2 alleging the act of the respondents 2 and 3 in transferring patta using forged document. In respect of the same, the first respondent has directed the second respondent to give a detailed report regarding the alleged transfer of patta in the name of the third respondent. But the second respondent did not take any action in this regard. Hence, the petitioner has come forward with the present Writ Petition for the above stated relief.

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3. Heard the learned counsel for the petitioner and the learned Government Advocate takes notice for R-1 and R-2. In view of the nature of the order going to be passed in this Writ Petition, there is no need to issue notice to the third respondent.

4. Considering the submissions made by the learned counsel for the petitioner, without going into the merits of the averments made in the petition, the second respondent is directed to consider the representation of the petitioner, dated 08.07.2015 and send a report to the first respondent within a period of two weeks from the date of receipt of a copy of this order and on such receipt, the first respondent is directed to consider the same and pass appropriate orders by affording opportunity of hearing to the third respondent and also the other necessary parties if any, on merits and in accordance with law, within a period of four weeks thereafter.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Periyakulam Sub-Division, Periyakulam, Theni District.

2.The Thasildar, Theni.

+1cc to M/s.Polex Legal Solutions, Advocate in SR.No.54095 +1CC to the Special Government Pleader, in SR.No.54340 W.P(MD).No.16629 of 2015 14.09.2015 pm PBK/SK-SKN/SAR-I 28/09/2015 ::2P-5C::

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