Ramesh v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2023
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Ramesh ... Petitioner Vs.
1.The District Revenue Officer, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli.
3.The Thasildhar, Palayamkottai Taluk, Tirunelveli District.
4.The Village Administrative Officer, Parpakulam Village, Palayamkottai Taluk, Tirunelveli District.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the third respondent herein to issue a patta in favour of Sadagopan, son of Ananda Chariar with respect to Survey Nos.24/4, 25/1A1, 25/1F2, 48/2, 72/5, 1/6
96/2A and 96/2B situated at Parpakula Village, Palayamkottai Taluk, Tirunelveli District, based on the petitioner's representation dated 11.11.2019.
For Petitioner : Mr.A.Banumathy For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader
ORDER
This Writ Petition has been filed for issuance of a writ of Mandamus directing the third respondent to issue patta in favour of one Sadagopan, son of Ananda Chariar, with respect to the subject properties by considering the representation, dated 11.11.2019 made by the petitioner.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3. The case of the petitioner is that the Principal, viz., Sadagopan is the owner of the subject properties and he had appointed the petitioner as Agent. The further case of the petitioner is that the names of some other persons were included in the patta with respect to the subject 2/6
properties during UDR and hence, a representation was made before the first respondent on 15.10.2018. On receipt of the same, the first respondent through proceedings dated 23.11.2018, directed the Revenue Divisional Officer, Palayamkottai, to conduct enquiry and submit a report. On receipt of the same, a direction was also given by the third respondent to conduct survey and submit a report.
4. The grievance of the petitioner is that till date, there has been absolutely no progress and therefore, the petitioner made a representation to include the name of the Principal in the patta. Since the same was not considered, the present Writ Petition has been filed before this Court.
5. The relief as sought for by the petitioner cannot be granted by this Court, since the first respondent has to first deal with the representation made by the petitioner for rectifying the mistake that has crept in the patta during UDR scheme. Only after this process is undertaken, the third respondent will be in a position to consider the representation seeking for patta with respect to the subject properties.
6. In view of the above, there shall be a direction to the first 3/6
respondent to deal with the representation made by the petitioner on 15.10.2018 after conducting an enquiry by issuing notice to all the interested parties. The first respondent shall pass necessary orders on its own merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. Depending upon the order passed by the first respondent, the petitioner can work out his remedy before the third respondent. The writ petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.
7. This Writ Petition is disposed of with the above directions. There shall be no order as to costs.
07.11.2023 Index :Yes/No Internet : Yes/No ssb 4/6
To 1.The District Revenue Officer, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli.
3.The Thasildhar, Palayamkottai Taluk, Tirunelveli District.
4.The Village Administrative Officer, Parpakulam Village, Palayamkottai Taluk, Tirunelveli District.
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N.ANAND VENKATESH.J., ssb Order made in Dated :
07.11.2023 6/6