M.Subbulakshmi, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20030 of 2017 M.Subbulakshmi ... Petitioner -vs1. The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

2. The Tahsildar, Kovilpatti, Tuticorin District.

... Respondents (R2 suo motu impleaded by this Court on 01.11.2017) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pass an order in patta proceedings in Na.Ka.No. Aa6/7598/15 pending on the file of respondent.

For Petitioner : Mr.M.P.Senthil For Respondents : Mr.T.S.Mohamed Mohideen Addl. Govt. Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondent to pass an order in patta proceedings in Na.Ka.No. Aa6/7598/15 pending on the file of respondent.

2. Mr.T.S.Mohamed Mohideen, the learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that her husband had inherited the property from his grandfather and after inheritance, her husband settled the same in favour of their son on 13.03.2012. The petitioner's son has subsequently executed a deed of settlement favouring his mother / petitioner herein. It is the further case of the petitioner that when she approached the revenue authorities for mutation of records, it was found that there was an entry in favour of one Shenbagam and two others, who are totally strangers to the property. Though some enquiry was conducted by the 1st respondent in Na.Ka.No.Aa6/7598/15 based on her representation made in Jama Panthi in the year 2015, thereafter there was no progress on the matter and https://hcservices.ecourts.gov.in/hcservices/

no order has been passed by the 1st respondent, which forced the petitioner to submit several representations to the 1st respondent, the last one of which was dated 21.06.2017. Since all her efforts ended in vain, the petitioner is before this Court with the above direction.

4. The learned Additional Government Pleader appearing for the respondents 1 & 2 would submit that though some proceedings are stated to be pending before the 1st respondent, the Tahsildar, Kovilpatti, Tuticorin District is the competent authority to look into the issue and the said Tahsildar has not been arrayed as the respondent in this petition.

5. In view of the above submission, the Tahsildar, Kovilpatti, Tuticorin District is suo motu impleaded as R2 in this petition. The petitioner is directed to submit a copy of the representation dated 21.06.2017 along with a copy of this order to the newly impleaded Tahsildar / R2 within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the Tahsildar / R2 is directed to consider the same and pass necessary orders thereon on merits and in accordance with law, within a period of four weeks thereafter, after affording an opportunity of hearing to the petitioner and other interested parties, if any, keeping in mind the pendency of proceedings before the 1st respondent in Na.Ka.No.Aa6/7598/15.

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

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

1. The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

2. The Tahsildar, Kovilpatti, Tuticorin District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 85055 + 1 CC TO Mr.M.P.SENTHIL, ADVOCATE IN SR No. 84915 AR TE/KKR/SAR-II : 15/11/2017 : 2P/5C W.P(MD) No.20030 of 2017 01.11.2017 https://hcservices.ecourts.gov.in/hcservices/