Madras High CourtWP(MD)/17824/2017disposed of

Saravanan, S/O.Shanmugam, v. The Tahsildar

2017-09-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.17824 of 2017 Saravanan ... Petitioner Vs.

1. The Tahsildar, Kadavur Taluk, Tharagampati, Karur District.

2. Thangam

3. Marimuthu

4. Muruganantham

5. Veeravalli ... 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 delete the names of Velusamy, Thangam, Marimuthu, Veravalli and Muruganandham in Patta Numbers 757, 2905, 2906, 2897, 2908, 2681, 766 & 2896 with regard to the lands in S.F Numbers 482/3, 482/1, 65/12, 65/19, 486/6, 486/8, 490/9, 491/3, 491/5 in Mavathur Village, Kadavur Taluk and to make entry in revenue records and issue pattas infavour of the petitioner and his brother namely Navaneethakrishnan after demarcating the land by considering the petitioner's representations dated 29.08.2016 and 04.07.2017. For Petitioner : Mr.J.Parekhkumar For Respondents : Mr.G.Muthu Kannan, Government Advocate.

ORDER

This Writ Petition is filed seeking for issuance of a Writ of Mandamus, directing the 1st respondent to delete the names of Velusamy, Thangam, Marimuthu, Veravalli and Muruganandham in Patta Numbers 757, 2905, 2906, 2897, 2908, 2681, 766 & 2896 with regard to the lands in S.F Numbers 482/3, 482/1, 65/12, 65/19, 486/6, 486/8, 490/9, 491/3, 491/5 in Mavathur Village, Kadavur Taluk and to make entry in revenue records and issue pattas in favour of the petitioner and his brother namely Navaneethakrishnan after demarcating the land by considering the petitioner's representations dated 29.08.2016 and 04.07.2017.

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2.Mr.G.Muthukannan , learned Government Advocate takes notice for respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The petitioner would claim that his father got properties in survey numbers referred above through a family partition, which was also confirmed by the Civil Court in O.S.No.43 of 2007 and A.S.No.11 of 2012.

4.The petitioner would further state that his father settled the property in favour of the petitioner and his brother by a registered settlement deed dated 07.08.2007. While so, he came to know that the third parties names have been included in the revenue records. Hence, he gave a representations dated 29.08.2016 and 04.07.2017 to the first respondent to delete the names of the third parties. Since no action was taken, the present writ petition. 5.In view of the above facts, this Court, without going into the merits of the matter, directs the first respondent to consider the representations of the petitioner dated 29.08.2016 and 04.07.2017 and take appropriate action on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To The Tahsildar, Kadavur Taluk, Tharagampati, Karur District.

+ 1 CC TO Mr.P.SRINIVAS, ADVOCATE IN SR No. 80557 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 81084 SKN TE/MR-KKR/SAR-I : 10/10/2017 : 2P/4C W.P.(MD)No.17824 of 2017 21.09.2017 https://hcservices.ecourts.gov.in/hcservices/