Kannan v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Kannan ...

Petitioner Vs 1 The District Revenue Officer, Office of the District Revenue Officer, Virudhunagar District.

2 The Revenue Divisional Officer, Virudhunagar District, Virudhunagar.

3 The Tahsildhar Thiruchulli Taluk, Virudhunagar District.

4 Ramasamy 5 Selvi 6 Moorthi 7 Ramachandran 8 Sudha 9 Premkumar

10 Santhalakshmi 11 Baluchamy 12 Senthilkumar 13 Rohini 14 Jeyavelan 15 Jeyaraman 16 Sivakamasundari 17 Chellammal 18 Vasantha 19 Seethalakshmi ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 1st respondent to consider the petitioner's representation, dated 28.01.2025, within a time frame that may be stipulated by this Honble Court, and directing the 1st respondent to cancel the patta in Patta No.528 on the file of the 3rd respondent and to direct the 3rd respondent to issue patta in favour of two wives' legal heirs of M.Ramakonar.

For Petitioner :

Mr.R.Udhayakumar For Respondents 1 to 3 : Mr.M.Gangatharan, Govt. Advocate.

ORDER

The petitioner herein seeks a direction to the first respondent to consider the petitioner's representation, dated 28.01.2025, and pass final orders within a time stipulated by this Court, for cancellation of patta No.528 issued by the third respondent in favour of one Parvathi, second wife of M.Ramakonar, within a stipulated time.

2. It is the case of the petitioner that the property situate in Survey No.201/5A1 and 259/5 originally belonged to the petitioner's grandfather M.Ramakonar. The petitioner's father was born to Ramakonar, through his first wife. After the death of Ramakonar, the property that stood in the name of Ramakonar had been mutated in favour of his second wife Parvathi, behind the back of the petitioner. Therefore, he submitted a representation on 28.01.2025 to the respondents 1 and 2, seeking cancellation of patta issued in the name of Parvathi and issuance of fresh patta in the names of all the legal heirs of Ramakonar. The said representation has not been considered. Hence, the petitioner has come forward before this Court by way of this Writ Petition.

3. Mr.M.Gangatharan, Government Advocate, who takes notice for the respondents 1 to 3, would submit that based on the representation

submitted by the petitioner, notice has been issued to the interested parties and an enquiry is going on.

4. The issue raised in this Writ Petition pertains to an entry made in UDR Scheme and the competent authority to redress the grievance of the petitioner is the first respondent. In view of the submission made by the learned Government Advocate that enquiry is already pending, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the first respondent to consider the representation of the petitioner, dated 28.01.2025, and pass final orders on its own merits, after issuing notice to the petitioner and the respondents 4 to 19, within a period of twelve weeks from the date of receipt of copy of this order.

5. Writ Petition is disposed of accordingly. No costs. 02.06.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1 The District Revenue Officer, Office of the District Revenue Officer, Virudhunagar District.

2 The Revenue Divisional Officer, Virudhunagar District, Virudhunagar.

3 The Tahsildhar Thiruchulli Taluk, Virudhunagar District.

S.SOUNTHAR, J.

dixit 02.06.2025