Ponnusamy v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 18.06.2021

CORAM:

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

1.The Revenue Divisional Officer, Palani Dindigul District.

2.The Tahsildar Taluk Office, Vedachandur Dindigul District.

3.Ponnusamy S/o.Vellaithambi Ambalam 4.Poosari S/o.Karanthan Ambalam ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 2nd respondent to remove the name of Vellaithambi Ambalam son Ponnusamy from the Patta No.1515 issued for Survey No.332/4, situated at Vadamadurai Revenue Village, Vedachandur Taluk, Dindigul District.

For Petitioner :Mr.R.Murugappan For Respondent :Mr.S.Shanmugavel for R1 & R2 Government Advocate (civil)

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 06.05.2021, wherein the petitioner is seeking for the removal of the name of one Vellaithambi Ambalam from Patta No.1515, which was issued insofar as the subject property is concerned.

2.The case of the petitioner is that the subject properties belongs to the petitioner absolutely and patta was also issued in 1/3

Patta No.1515. The grievance of the petitioner is that the second respondent has also included the name of one Vellaithambi Ambalam by mistake and this person has nothing to do with the subject property. Therefore, the petitioner made a representation to the first and second respondents requesting to remove the name of the said Vellaithambi Ambalam. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Civil) for the first respondent.

4. The learned Government Advocate (civil) appearing on behalf of the respondents 1 and 2, based on the written instructions, submitted that the representation made by the petitioner has been received by the second respondent and the second respondent has taken a stand that it is only the first respondent, who will be the competent authority to consider the representation made by the petitioner, since it involves removal of name of the private respondent.

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 06.05.2021 after affording an opportunity to the petitioner and respondents 3 and 4 and deal with the same on its own merits and in accordance with law and pass final 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 enclosing a copy of all the documents and also a copy of this order.

7. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 2/3

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, Palani Dindigul District.

2.The Tahsildar Taluk Office, Vedachandur Dindigul District.

+1 CC to SPL GP ( SR-19774[F] dated 21/06/2021 ) 18.06.2021 KM(29.06.2021) 3P 4C 3/3