Madras High CourtWP(MD)/21934/2017disposed of

Sadayandi, S/O.Ganesan v. The District Collector

2017-11-29Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21934 of 2017 Sadayandi ... Petitioner Vs.

1. The District Collector, Theni, Theni District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Periyakulam, Theni District.

3. The Tahsildar, Andipati, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to rectify the erroneous mutation and Sub Division in patta pertaining to petitioner property in S.No.239/2A, 240/2A, 239/2, 239/2B, 240/2C, 240/2B of Shanmugasundarapuram Village, Andipatti Taluk, Theni District by considering petitioner's representation dated 17.05.2017.

For Petitioner : Mr.K.Govindarajan For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader

ORDER

This writ petition has been filed, seeking a writ of Mandamus to rectify the erroneous mutation and Sub Division in patta pertaining to petitioner property in S.No.239/2A, 240/2A, 239/2, 239/2B, 240/2C, 240/2B of Shanmugasundarapuram Village, Andipatti Taluk, Theni District by considering petitioner's representation dated 17.05.2017.

2.Heard both sides.

3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the petitioner would submit that the

petitioner purchased the properties in question and subsequently a joint patta was issued for the said properties. While so, all of a sudden, the petitioner's name was deleted in the revenue records without any notice to the petitioner. Despite several representations sent to the respondents, till date the said mistake has not been rectified. Hence, the petitioner is before this Court.

5.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the representation of the petitioner would be considered on merits within the time stipulated by this Court.

6.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 17.05.2017 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

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

1. The District Collector, Theni, Theni District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Periyakulam, Theni District.

3. The Tahsildar, Andipatti, Theni District.

+ 1 CC TO Mr.K.GOVINDARAJAN, ADVOCATE IN SR No. 90280 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 90583 DSK TE/SV-MMS/SAR-2 : 18/12/2017 : 2P/6C ORDER MADE IN W.P(MD)No.21934 of 2017 29.11.2017 https://hcservices.ecourts.gov.in/hcservices/