Govindan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Govindan ... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

3.The Revenue Divisional Officer, Revenue Divisional Office, Pattukkottai, Thanjavur District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the second respondent to take appropriate action to remove the name of said Shanmugam, S/o.Arumugam in joint patta vide Patta No.259 in respect

of the land in Survey No.188/7A2 situated at Nattanikkottai Village, Peravoorani Taluk, Thanjavur District, following the letter of the second respondent dated 13.12.2024.

For Petitioner : Mr.M.Ramu For Respondents : Mr.A.Baskaran Additional Government Pleader

ORDER

The petitioner herein seeks a direction to the second respondent to remove the name of one Shanmugam, S/o.Arumugam in Patta No.259 in respect of the property situated in Survey No.188/7A2, Nattanikkottai Village, Peravoorani Taluk, Thanjavur District. 2.Heard the arguments of Mr.M.Ramu, learned counsel appearing for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 3.Though in the writ petition the petitioner sought for a direction

to the second respondent, at the time of argument, the learned counsel for the petitioner submits that a direction may be issued to third respondent to consider his request in the light of the letter of the second respondent dated 13.12.2024. The said statement is recorded. 4.It is the case of the petitioner that the subject property was originally assigned in favour of petitioner's father, Subbaiyan and seven others. Now, the petitioner and six other persons have been in possession and enjoyment of the same and patta was also granted in Patta No.259. It is further stated that in the year 2024, the name of one Shanmugam, S/o.Arumugam, was added in the joint patta without the knowledge of the petitioner. The petitioner preferred an application before the third respondent on 22.10.2024 and there is no response.

Therefore, the petitioner submitted another application on 13.11.2024 before the second respondent seeking deletion of Shanmugam's name from the patta. The second respondent forwarded the same to the third respondent in his letter dated 13.12.2024 in Na.Ga.1712051/2024/voo(3). Inspite of the said letter by the second respondent, the third respondent has not considered the application of the petitioner dated 13.11.2024.

the petitioner has come before this Court with the above mentioned prayer.

5.The learned Additional Government Pleader appearing for the respondents would submit that the application submitted by the petitioner dated 13.11.2024 will be considered on its own merits after issuing necessary notice to the interested parties.

6.In view of the same, without expressing any opinion on the merits of the claim made by the petitioner, the third respondent is directed to consider the application of the petitioner dated 13.11.2024 forwarded to him by the second respondent and pass final orders on its own merits, within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, Shanmugam, S/o.Arumugam and other interested parties. No costs. 12.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp

To 1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

3.The Revenue Divisional Officer, Revenue Divisional Office, Pattukkottai, Thanjavur District.

S.SOUNTHAR ,J cp W.P.(MD)No.15833 of 2025 Dated: 12.06.2025