Saraswathi.L v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.10572 of 2021 L.Saraswathi ... Petitioner Vs.
1.The Revenue Divisional Officer, Virudhunagar.
2.The Tahsildar, Tiruchuli Taluk, Virudhunagar District.
3.The Village Administrative Officer, Naduvapacheri Village, Tiruchuli Taluk, Virudhunagar District.
4.The Village Administrative Officer, Koikkapithan Village, Tiruchuli Taluk, Virudhunagar District.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents to conduct the enquiry based on the petitioner's representation dated 19.06.2021 and rectify the defects in Patta Nos.291, 297, 370 in Survey Nos.100/2, 132/1, 134/1, 81/4, 81/5 and 168/18 situated at Naduvapacheri Village, Tiruchuli Taluk, Virudhunagar District and another patta No.166 in Survey No.20/2 situated at Koikkapithan Village, Tiruchuli Taluk, Virudhunagar District within the time stipulated by this Court and consider the same.
For Petitioner : Ms.A.Bhuvaneshwari For Respondents : Mr.M.Lingadurai, Government Advocate.
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to conduct an enquiry based on the representation made by the petitioner on 19.06.2021, wherein the petitioner has sought for rectification of certain defects in the patta that was issued pertaining to the subject property. 1/3
2. The case of the petitioner is that patta Nos. 291, 297, 370 and 166, which pertain to the subject property wrongly stand in the name of certain persons, who have nothing to do with the subject property. According to the petitioner, this is more in the nature of a clerical mistake/defect committed by the revenue authorities. Hence, the petitioner made a representation to the respondents on 19.06.2021 to rectify these defects. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.
3. Heard Ms.A.Bhuvaneshwari, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents.
4. 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 second respondent to consider the representation made by the petitioner on 19.06.2021, and deal with the same on its own merits and in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. The second respondent while conducting the enquiry, shall also issue notice to the persons whose names are found in the patta and give them an opportunity before passing the final orders.
5. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.
6. This Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm 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, Virudhunagar.
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2.The Tahsildar, Tiruchuli Taluk, Virudhunagar District.
3.The Village Administrative Officer, Naduvapacheri Village, Tiruchuli Taluk, Virudhunagar District.
4.The Village Administrative Officer, Koikkapithan Village, Tiruchuli Taluk, Virudhunagar District.
W.P.(MD)No.10572 of 2021 25.06.2021 KB(05.07.2021) 3P 5C 3/3