Saravanan.K v. The Secretary To The Govt
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN W.P.[MD].No.10817 of 2021 K.Saravanan ... Petitioner Vs.
1.The Secretary to the Government, Revenue and Disaster Management Department, Secretariat, St.George Port, Chennai-600 009.
2.The District Collector, Tirunelveli District, Tirunelveli.
3.The District Revenue Officer, Tirunelveli District, Tirunelveli.
4.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.
5.The Tahsildar, Manur Taluk, Tirunelveli District.
6.Velraj ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 5th respondent to include the name of legal heirs of the petitioner's grand father Shanmugaiyathevar in the Patta in properties in S.No.170/1 to the extent of 2.51 Acres and in S.No.170/3 to the extent of 1.22 1⁄2 Acres situated in Moovirunthal Village, Manur Taluk, Tirunelveli District by considering his representations dated 13.07.2020, 13.08.2020 and 15.09.2020. For Petitioner : Mr.R.Maheswaran For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for RR1 to 5 No-appearance for R6
ORDER
This Writ Petition has been filed in the nature of Mandamus seeking a direction to the fifth respondent/Tahsildar, Manur 1/3
Taluk, Tirunelveli District, to include the name of legal heirs of the petitioner's grand father/Shanmugaiyathevar in the Patta with respect to the properties in Survey No.170/1 measuring to an extent of 2.51 acres and Survey No.170/3 measuring to the extent of 1.22 1⁄2 acres situated at Moovirunthal Village, Manur Taluk, Tirunelveli District.
2. The petitioner had given representations on three various dates to the fifth respondent and there was no response from the fifth respondent. Hence, the petitioner has filed this Writ Petition. Even though notice has been served on the sixth respondent, there is no representation on behalf of the sixth respondent.
3. It is the claim of the petitioner that the properties aforementioned were originally owned by one Vellapandiyathevar. He, then, executed a sale deed in favour of the petitioner's grand mother namely Velathai. Thereafter, a gift deed has been executed by the grand mother in favour of the petitioner's grand father namely Shanmugaiah Thevar. Now, the petitioner, by way of this writ petition, seeks inclusion of name of legal heirs of the above said Shanmugaiah Thevar in the patta by considering the representations, which had also been given by him.
4. It is only appropriate that the petitioner makes online application by payment of necessary charges to the fifth respondent. The matter has to be examined only by the District Revenue Officer, Tirunelveli District. However, the land records of the subject properties are with the District Revenue Officer, Sankarankovil, Tenkasi District. Even though the said official has not been impleaded as respondent, a direction is issued to the District Revenue Officer, Sankarankovil, Tenkasi District to forward the relevant records of the subject properties to the District Revenue Officer, Tirunelveli District, who may on receipt the online application, examine the petitioner, issue notice to the parties concerned and thereafter, take a considered decision within a period of 14 weeks from the date of receipt of a copy of this order.
5. Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (WRITS) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 2/3
To 1.The Secretary to the Government, Revenue and Disaster Management Department, Secretariat, St.George Port, Chennai-600 009.
2.The District Collector, Tirunelveli District, Tirunelveli.
3.The District Revenue Officer, Tirunelveli District, Tirunelveli.
4.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.
5.The Tahsildar, Manur Taluk, Tirunelveli District.
6.The District Revenue Officer, Sankarankovil, Tenkasi District.
+1 CC to M/s.SPL GP ( SR-37579[F] dated 07/12/2021 ) W.P.[MD].No.10817 of 2021 06.12.2021 SAR(CO) SB(28.12.2021) 3P 8C 3/3