Mahendran.R v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH R.Mahendran ... Petitioner Vs.

1. The Revenue Divisional Officer, Uthamapalayam, Theni District, Theni.

2. The Tahsildar, Uthamapalayam Taluk, Theni District.

3. Thamaraiselvan ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the second respondent to exercise the power conferred by him under Section 10 of the Patta Pass Book Act for modification of the entries in the revenue records particularly patta No.2074 for the property situated at Mela Gudalur Revenue Village (North), in Patta No.2074, Survey No.1667, in the light of the petitioner's representation, dated 10.05.2021.

For Petitioner : Mr.S.Sundarapandian For R-1 & R-2 : Mr.S.Shanmugavel Government Advocate (Civil)

ORDER

This writ petition has been filed for the issue of a Writ of Mandamus, directing the second respondent to consider the representation made by the petitioner on 10.05.2021, wherein, the petitioner is seeking for the modification of the entries made in the revenue records in Patta No.2074 pertaining to the subject property.

2. Today, when the matter was taken for admission, the learned Government Advocate (Civil) brought to the notice of this Court that the second respondent has considered the representation made by the petitioner and he was not able to proceed further, since the petitioner has not submitted all the relevant documents. The learned Government Advocate (Civil) submitted that the second respondent will consider the representation made by the petitioner, 1/3

if all the relevant documents are submitted and orders will be passed in accordance with law, within the time stipulated by this Court.

3. The learned counsel appearing for the petitioner submitted that the petitioner is willing to submit all the relevant documents to the second respondent and time can be fixed for the completion of the proceedings.

4. Heard Mr.S.Sundarapandian, learned counsel appearing for the petitioner and Mr.S.Shanmugavel, learned Government Advocate (Civil) appearing for the respondents.

5. Taking into consideration the facts and circumstances of the case and also of the fact that the second respondent has already acted upon the representation made by the petitioner, there shall be a direction to the petitioner to submit all the relevant documents before the second respondent and the second respondent is directed to proceed further with the enquiry after affording opportunity to the petitioner and the third respondent and deal with the same on its own merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Uthamapalayam, Theni District, Theni.

2. The Tahsildar, Uthamapalayam Taluk, Theni District.

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+1 CC to M/s.SPL GP ( SR-19652[F] dated 18/06/2021 ) 17.06.2021 KB(24.06.2021) 3P 4C 3/3