Ratchakan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21838 of 2017 Ratchakan ... Petitioner Vs.

1. The Revenue Divisional Officer, Musiri, Trichy District.

2. The Tahsildar, Musiri Taluk, Trichy District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd Respondent to transfer the Patta in favour of the Petitioner for the property comprised in Old Survey No. 118/4, New Survey No.11/4, to an extent of 0.32 cents situated at Musiri Town Panchayat, Trichy District on the basis of the Petitioner's representation dated 06.02.2016.

For Petitioner : Mr.G.Kandha Vadivelan For Respondents : Mr.T.S.Mohamed Mohideen, Additional Government Pleader *****

O R D E R

By consent, this writ petition itself is taken up for final disposal.

2. Heard the learned Counsel for the petitioner and Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader, who takes notice for the respondents.

3. According to the petitioner, neither civil suit nor rival claim whatsoever is pending in respect of the property in question and as such, he is enjoying possession over the same. Whereas, in the revenue records, the property stands in the name of some third parties and in order to correct the mistake crept-in and for transferring patta in his name, he has submitted several https://hcservices.ecourts.gov.in/hcservices/

representations, before the respondents and as the same are kept pending, without any action, the petitioner is before this Court.

4. When the matter is taken up for hearing today, the learned counsel for the petitioner submitted that it would be suffice, if the representation of the petitioner dated 06.02.2016 is disposed of, by the second respondent, as per law, within a stipulated time limit.

5. Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the second respondent to consider the representation of the petitioner dated 06.02.2016 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the other interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Revenue Divisional Officer, Musiri, Trichy District.

2. The Tahsildar, Musiri Taluk, Trichy District.

+ 1 cc TO Mr.G.Kandha Vadivelan , Advocate in SR No. 90217 + 1 cc TO The Special Government Pleader in SR No. 90251 gk AE/SKN RSK/SAR3/12.12.2017/2P/5C W.P(MD)No.21838 of 2017 28.11.2017 https://hcservices.ecourts.gov.in/hcservices/