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Madras High CourtWP(MD)/16266/2020disposed of

G.Katturaja v. The District Revenue Officer

2020-11-19Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD)No.16266 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.16266 of 2020 G.Katturaja

...Petitioner

-VsThe District Revenue Officer, District Revenue Office, Collectorate Office, Theni District.

...Respondent

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent herein to pass appropriate orders on the petitioner's representations dated 01.07.2020 and 24.09.2020 by giving an opportunity of personal hearing to the petitioner and other interested parties, if there are any, within a time frame as fixed by this Court. For Petitioner : Mr.P.Sivachandran For Respondent : Mr.M.Pandiya Rajan, Additional Government Pleader.

ORDER

This Writ Petition has been filed, seeking a direction to the respondent to consider the petitioner's representations dated 01.07.2020 and 24.09.2020 by giving an opportunity of personal hearing to the petitioner and other interested parties, if there are any, within a time frame as fixed by this Court. 2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.Mr.M.Pandiya Rajan, learned Additional Government Pleader accepts notice on behalf of the respondent.

4.According to the petitioner, the property comprised in Survey Nos.276/5A, 276/5C, 276/1C, 291/1, 292/1, 346/3, 492/2, 281/2, 276/3A, 276/3C, 290, 276/5, 276/1, 282 and 283 measuring about 7.76 acres situated at Shanmuganathapuram Revenue Village, Aundipatti Taluk, Theni District, is under the joint possession and enjoyment of the petitioner's great grandfathers. After their demise, the same were devolved on their legal heirs based on the joint patta issued by the competent authority. The petitioner is https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.16266 of 2020 also in possession and enjoyment of his respective share. After UDR, the revenue authority, namely, Tahsildar, Aundipatti had not included the legal heirs of one Subbanaidu, namely, Venkatasamy and Mannarsamy in the joint patta. Hence, the petitioner has made representations dated 01.07.2020 and 24.09.2020. Since no effective efforts have been taken, he has approached this Court seeking aforesaid prayer.

5.This Court is of the considered view that since no adverse order is going to be passed against any other parties concerned, more so, the persons, who are likely to be affected, the representations of the petitioner dated 01.07.2020 and 24.09.2020, shall be heard and disposed of, after affording an opportunity of personal hearing to the petitioner as well as other persons, who are likely to be affected, within a period of 120 days from the date of receipt of a copy of this order.

6.Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Myr Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To The District Revenue Officer, District Revenue Office, Collectorate Office, Theni District.

+1 CC to SGP ( SR-22390[F] dated 20/11/2020 ) W.P.(MD)No.16266 of 2020 19.11.2020 SV2(CO) NR (01/12/2020) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2