S.Jothi v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN S.Jothi ... Petitioner Vs.

1.The Revenue Divisional Officer, 2.The Tahsildar, Dindingul District.

3.The Village Administrative Officer, Kambiliyampatti, .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to conduct the enquiry based on the petitioner's representation dated 31.10.2020 and rectify the defects in patta in respect of Survey No.249/2Q situated at Kampiliyampatti Village, Dindigul East Taluk, Dindigul within the time stipulated by this Court.

For Petitioner : Mr.P.Manikandan For Respondents : Mr.P.Kannithevan Additional Government Pleader

ORDER

This writ petition has been filed for issuance of a direction to the respondents to conduct the enquiry based on the petitioner's representation dated 31.10.2020 and to rectify the defects in patta in respect of Survey No.249/2Q situated at Kampiliyampatti Village, Dindigul East Taluk, Dindigul within the time stipulated by this Court.

2. Mr.P.Kannithevan, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. The case of the petitioner is that the petitioner purchased the property in Survey No.249/2Q situated at Kampiliyampatti Village, Dindigul East Taluk, Dindigul from one Murugesanpillai, 1/3

S/o.Supiyapillai. The sale deed was also registered in Vadamadurai Sub Registrar Office in Document No.3059/2020 dated 18.08.2020. But patta was wrongly issued in the name of one Chandra, W/o.Selvam for the petitioner's property. Hence the petitioner sent a representation to the second respondent on 31.10.2020 to issue patta in the name of the petitioner. But the said representation was not considered so far. In such circumstances, the petitioner has come forward with the present Writ Petition.

4. Learned counsel for the petitioner would submit that it would suffice, if the representation of the petitioner dated 31.10.2020 is disposed of by the second respondent at the earliest after providing adequate opportunity to the petitioner.

5. Learned Additional Government Pleader appearing for the respondents would submit that the second respondent is prepared to consider the representation of the petitioner and to pass suitable orders on the same.

6. In view of the limited scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to consider the representation dated 31.10.2020 submitted by the petitioner and to pass appropriate orders in accordance with law within a period of six months from the date of receipt of a copy of this order, if there is no legal impediment to do so. It is needless to state that the persons, who are likely to be affected or persons, who are interested must also be heard.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl Side) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL To 1.The Revenue Divisional Officer, 2.The Tahsildar, Dindingul District.

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3.The Village Administrative Officer, Kambiliyampatti, 24.11.2020 PM(CO) KK(14.12.2020) 3P 4C 3/3