P.Arasappan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.16571 of 2017 P.Arasappan ... Petitioner Vs.

1. The District Collector

2. The District Revenue Officer,

3. The Revenue Divisional Officer, Melur Division @ Othakadi, Madurai district.

4. The Tahsildar Melur Taluk, Madurai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 3 and 4 to amend the name in patta for the property at survey No.422/6 in Kottakkudi Village, Melur Taluk, Madurai District by considering the petitioner's representations dated 31.05.2017 and 20.07.2017. For Petitioner : Mr.C.Vetrian For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate

O R D E R

By consent, this Writ Petition itself is taken up for final disposal.

2. Heard, the learned Counsel on either side.

3. According to the petitioner, his ancestors are in

possession and enjoyment of the property in Survey Nos.422/6 and 422/7 situated at Kottakudi Village, Melure Taluk, Madurai District. After their demise, the fourth respondent transferred the patta in favour of one Ponnaiyan and Panneerselvam. Thereafter, he has submitted a representation dated 31.05.2017 before the first respondent, to amend his name in the patta for the property in Survey No.422/6. Pursuant thereto, the first respondent directed the fourth respondent to take action in this regard within 01.07.2017. Finding no action, the petitioner submitted another representation dated 20.07.2017 before the third respondent. Since the said representation has not been considered so far, the petitioner is before this Court with the above prayer.

4. The learned Counsel for the petitioner would submit that it would suffice, if the representation dated 20.07.2017 submitted by the petitioner to the third respondent, is directed to be considered by the respondents.

5. The learned Government Advocate appearing for the Respondents would submit that the fourth respondent is the competent authority to pass orders in this matter and the petitioner has not submitted any representation to the fourth respondent. In the event of the petitioner producing the copy of his representation, the same will be considered in a time bound manner.

6. Under such circumstances, this Court, without expressing any opinion on the merits of the matters, directs the petitioner to submit a copy of the representation dated 20.07.2017 along with a copy of this order before the fourth respondent within a period of two weeks from the date of receipt of copy of this order and on such filing the fourth respondent is directed to consider the same and pass appropriate orders thereon, on merits and in accordance with law, within a period of six weeks thereafter, after affording an opportunity of hearing to the petitioner as well as other interested parties, if any.

7. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

1. The District Collector

2. The District Revenue Officer,

3. The Revenue Divisional Officer, Melur Division @ Othakadi, Madurai district.

4. The Tahsildar Melur Taluk, Madurai District.

+ 1 cc TO Mr.C.Vetrian , Advocate in SR No. 90911 + 1 cc TO The Special Government Pleader in SR No. 91464 rm AE/SKN RSK/SAR1/20.12.2017/3P/7C W.P(MD)No.16571 of 2017 05.12.2017