Paramasivam v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated 16.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.14548 of 2020 (Through Video Conferencing) Paramasivam ... Petitioner Vs.
1. The District Revenue Officer, Dindigul District, Dindigul.
2. The Revenue Divisional Officer, Dindigul District, Dindigul.
3. The Tahsildar, Nilakottai Taluk Dindigul District.
4.Kethappan 5.Veerumallammal 6.Sendrayaperumal ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 2 and 3 herein to rectify the mistake crept in the patta by erroneously included the name of the respondents 4 to 6 herein and issue appropriate fresh patta in the name of the petitioner in respect of lands in S.No.168/11, of an extent of 10 cents in Patchamalaiyankottai Village, Nilakottai Taluk, Dindigul District. For Petitioner : Mr.R.Thangapandian For Respondents : Mr.M.Pandiyarajan 1 to 3 Addl.Government Pleader
O R D E R
The writ petition has been filed for a direction to the respondents 2 and 3 herein to rectify the mistake crept in the patta by erroneously included the name of the respondents 4 to 6 herein and issue appropriate fresh patta in the name of the petitioner in respect of lands in S.No.168/11, of an extent of 10 cents in Patchamalaiyankottai Village, Nilakottai Taluk, Dindigul District. 1/3
2.Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader, who takes notice for the respondents 1 to 3. Since no adverse is going to be passed against the respondents 4 to 6, notice to the respondents 4 to 6 is dispensed with.
3.The petitioner's case is that the property in S.No.168/2011 in Patchamalaiyankottai Village, belongs to the petitioner's grandfather and after his death, the petitioner's father inherited the said property. However, after the death of petitioner's father, instead of transferring the patta in the name of the petitioner, the official respondents have erroneously changed patta in the name of respondents 4 to 6. In order to rectify the said mistake, the petitioner has approached the respondents 1 to 3 with representations dated 24.02.2020, 04.07.2020 and 16.09.2020. However the first respondent, on 23.09.2020, directed the 2nd respondent to rectify the mistake and to transfer the patta in the name of the petitioner. However, since no action has been taken, the petitioner is before this Court with this writ petition with the aforesaid prayer.
4. Though the petitioner has come forward with a larger prayer, at the time of hearing, the learned counsel for the petitioner would submit that if a direction is given to the respondents to consider the representation of the petitioner, the petitioner would be satisfied.
5. In view of the limited prayer that has now been sought for, this writ petition is disposed of with a direction to the respondents 1 to 3 to consider the petitioner's representation dated 16.09.2020 and pass appropriate orders, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order, preferably, on or before 31st March 2021. It is made clear that at the time of enquiry, the respondents 4 to 6 shall also be heard. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) RR 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. 2/3
To
1. The District Revenue Officer, Dindigul District, Dindigul.
2. The Revenue Divisional Officer, Dindigul District, Dindigul.
3. The Tahsildar, Nilakottai Taluk, Dindigul District.
+1 CC to Mr.A.SARAVANAN, Advocate ( SR-20302[F] dated 16/10/2020 ) +1 CC to the SPL GP ( SR-20565[F] dated 19/10/2020 ) Order made in W.P.(MD)No.14548 of 2020 Dated:
16.10.2020 SE(CO) CS(10.11.2020) 3P 6C 3/3