Santhammal.A v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD)No.11700 of 2023 A.Santhammal ... Petitioner Vs.

1.The District Revenue Officer, 2.The Revenue Divisional Officer, Sankarankovil Sub Division, 3.The Tahshildar, Taluk Office, Sivagiri Taluk, 4.The Inspector of Police, Vasu Deva Nallur Police Station, Sivagiri Taluk, Tenkasi District.

5.A.Selvaraj (R5 is impleaded vide Court order dated 13.06.2023) ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to cancel Patta Nos.1804 and 1568 of Thirumalapuram Revenue Village, Sivagiri Taluk, Tankasi District, based on the Petitioner's representation dated 31.03.2023 and consequently direct the respondents to mutate the petitioner's name as per the Registered Settlement Deed No.640/2004 dated 30.04.2004. For Petitioner :

Mr.V.Muthuvelan For Respondents :

Mr.J.Ashok Additional Government Pleader

ORDER

W.M.P(MD)No.11700 of 2023 has been filed seeking to implead, as a further respondent, the brother of the petitioner herein. It is stated that suppressing a settlement deed in which the petitioner is a beneficiary, the proposed respondent had obtained patta. The petitioner had filed an appeal before the second respondent / Revenue Divisional officer at Sankarankovil in

2. In view of the fact that the appeal will have to be heard only in the presence of the said proposed respondent, the Writ Miscellaneous petition 2/4

stands allowed. Registry may carry out necessary amendment in the cause title of the writ petition by impleading A.Selvaraj as the fifth respondent in the writ petition.

3. A direction is given to the second respondent / Revenue Divisional officer to enquire into the issue after ensuring that notice is issued not only to the petitioner A.Santhammal but also to the 5th respondent who has now been impleaded, A.Selvaraj and proceed further in the manner known to law. The entire proceedings may be completed on or before 30.09.2023, after giving due opportunity to the petitioner herein. The petitioner may also be given permission to file as a document, the settlement deed in favour of the petitioner and the second respondent may examine that particular document and if it had created a right for the petitioner, may pass appropriate orders.

4. This Writ Petition stands disposed of. No costs. 13.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn 3/4

C.V.KARTHIKEYAN, J.

pnn To 1.The District Revenue Officer, Tenkasi District. 2.The Revenue Divisional Officer, Sankarankovil Sub Division, 3.The Tahshildar, Taluk Office, Sivagiri Taluk, Tenkasi District. 4.The Inspector of Police, Vasu Deva Nallur Police Station, Sivagiri Taluk, Tenkasi District.

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