N.Marimuthu, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2016

CORAM

THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P.(MD) No.10128 of 2016 N.Marimuthu .. Petitioner vs.

1.The Revenue Divisional Officer, Karur, Karur District.

2.The Thasildar, Aravakuruchi Taluk Office, Aravakuruchi Post & Taluk, Karur District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to consider the Petitioner's Representation, dated 12.07.2014 and to issue separate patta in petitioner's name in respect of properties situated in survey Nos.521/A5, A7, 497/1W, 512/3,5, 514/B4, 516/A2, 525/2, 14, 504/A1, A3, 497/1J, 1M, 1Q, 522/3, 525/1, 514/B5, 504/D2, 512/1, 517/C4, E3, 504/A1, 504/A3 in patta Nos.760 757 752 749 2784 2677 2470 and 1906.

For Petitioner : Mr.M.Saravanakumar For Respondents :

Mr.S.Kumar Additional Government Pleader

O R D E R

Heard the Learned counsel for the Petitioner and the Learned Additional Government Pleader appearing for the Respondents. 2.By consent, the writ petition is taken up for final disposal.

3.According to the Petitioner, he made an application before the second respondent/Tahsildar, Aravakuruchi Taluk Office, Karur District, making a request to remove his sisters' name (which was included without notice to him) and further to issue separate patta in his name. It appears that the said representation is pending as on date without passing any order. 4.At this stage, the learned counsel for the petitioner takes a plea that as per Rule 4 of the Tamil Nadu Patta Pass Book Rules, 1987, the second respondent/Tahsildar, Aravakuruchi Taluk Office, Karur District, should have commenced the enquiry within fifteen days from the date of receipt of the representation of the petitioner, dated 12.07.2014. In this connection, the learned counsel for the petitioner brings it to the notice of this Court https://hcservices.ecourts.gov.in/hcservices/

that the petitioner made a representation to the first respondent and on receipt of the same, the first respondent in his proceedings, dated 22.07.2014 had directed the second respondent to take appropriate action on his representation. 5.In view of the fact that the petitioner's representation, dated 12.07.2014, in the subject matter in issue, is pending before the second respondent/Tahsildar, Aravakuruchi Taluk Office, Karur District, this Court without traversing upon the merits and contends of the representation of the petitioner, dated 12.07.2014, simpliciter, directs the second respondent to take up the representation of the petitioner, dated 12.07.

2014, in all seriousness and to dispose of the same by passing a reasoned speaking order on merits (ofcourse, after providing adequate opportunity to the petitioner and others concerned, if any, by following the principles of natural justice), within a period of six weeks from the date of receipt of a copy of this order. It is open to the petitioner to produce the relevant records/copies of the document before the second respondent and the second respondent shall take into consideration of the same at the time of disposal of the representation of the petitioner, dated 17.02.2016. The petitioner is also required to lend his assistance to the second respondent to dispose of his representation. 6.With the above observations and directions, the writ petition is disposed of. No costs.

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

1.The Revenue Divisional Officer, Karur, Karur District.

2.The Thasildar, Aravakuruchi Taluk Office, Aravakuruchi Post & Taluk, Karur District.

+1cc to MR.M.Saravana Kumar, Advocate SR.No.28819 +1cc to special Government Pleader sR.No.29081 sm:ark-pv:SAR I:15.06.2016:2P/5C W.P.(MD) No.10128 of 2016 08.06.2016 https://hcservices.ecourts.gov.in/hcservices/