Thangasridhar v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) Thangasridhar ... Petitioner Vs.

1.The Revenue Divisional Officer, Tiruchendur, 2.The Tahsildar Eral Taluk 3.Chidambaranarayanan 4.Ganesan ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to consider the petitioner's representation dated 25.01.2021 and dispose of the same, within the time frame that may be stipulated by this Court.

For Petitioner :Mr.S.Mandhira Lingeswaran For Respondent :Mr.S.Shanmugavel for R1 & R2 Spl.Govt.Pleader

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the first respondent to consider the representation made by the petitioner on 25.01.2021, wherein, the petitioner has sought for the cancellation of the sub division of the subject property and issuance of patta in favour of the third and fourth respondents.

2. The case of the petitioner is that the subject property originally belonged to his grandfather and it was in joint possession of the co-owners of the property.

3. The grievance of the petitioner is that based on the application submitted by the third and fourth respondents, the second respondent is said to have subdivided the property as 1/3

S.Nos.207/11 and 207/12 without issuing notice to the petitioner. The petitioner, aggrieved by the same, has given a representation before the first respondent on 25.01.2021. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

4. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1 and 2.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 25.01.2021, after issuing notice to the petitioner and respondents 3 and 4 and deal with the same on its own merits and in accordance with law and pass appropriate orders within eight weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the first respondent along with a copy of all the relevant documents and also a copy of this order.

7. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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. To 1.The Revenue Divisional Officer, Tiruchendur, 2/3

2.The Tahsildar Eral Taluk 14.06.2021 KM(21.06.2021) 3P 3C 3/3