Madras High CourtWP(MD)/8342/2017disposed of

Muthuramalingam v. The Tahsildar

2017-10-25Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.8342 of 2017 Muthuramalingam .. Petitioner Vs.

1.The Thashildar, Kadaladi Taluk, Ramanathapuram District.

2.Deputy Inspector of Survey, Kadaladi Taluk, Kadaladi, Ramanathapuram District.

3.Maintenance of Field Surveyor, Kadaladi Firka, Kadaladi Taluk.

Ramanathapuram District.

4.Village Administrative Officer, Periyakulam Group, Kadaladi Taluk, Ramanathapuram District.

5.V.Kumaresan 6.The Revenue Divisional Officer, Paramakudi,Ramanathapuram District.

.. Respondents (R5 is impleaded vide Court order dated 15.06.2017 in WMP(MD) No.8564 of 2017) (R6 is suo-mottu impleaded vide Court order dated 25.10.2017) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to measure the property of the petitioner situated in S.No.370/1A2B Periyakulam Village, Kadaladi Taluk, Ramanathapuram District and fix the boundaries based on the petitioner's representation dated 25.07.2016. For Petitioner : M/s.N.Shanthipriya For R.1 to R.4 and R6: Mr.T.S.Mohamed Mohideen Additional Government Pleader For R.5 : Mr.M.S.Jeyakarthick

ORDER

This writ petition has been filed by the petitioner to issue a writ of Mandamus to direct the respondents to measure the property of the petitioner based on the petitioner's representation dated 25.07.2016.

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2. Heard the learned Counsel appearing on either side.

3. It is represented by the learned Counsel appearing on either side that the petitioner and his brother have already approached the Revenue Divisional Officer, Paramakudi, requesting for change of Patta and the same is still pending. It is further represented that the parties are ready to go before the said Revenue Divisional Officer, for taking a decision with regard to issuance of change of patta.

4. At this juncture, the learned Additional Government Pleader submits that the Revenue Divisional Officer, Paramakudi, Ramanathapuram District, is the competent authority to pass orders on the application for change of patta. However, the Revenue Divisional Officer is not a party to this writ petition.

5. In view of the above submission, this Court suo-mottu implead the Revenue Divisional Officer, Paramakudi, Ramanathapuram District, as sixth respondent in this writ petition and the Revenue Divisional Officer, Paramakudi, Ramanathapuram District, is directed to dispose of the petition seeking for change of patta, on its own merit and in accordance with law, after affording an opportunity of hearing to the petitioner as well as the other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order. 6.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar.

To 1.The Thashildar, Kadaladi Taluk, Ramanathapuram District. 2.Deputy Inspector of Survey, Kadaladi Taluk, Kadaladi, Ramanathapuram District.

3.Maintenance of Field Surveyor, Kadaladi Firka, Kadaladi Taluk. Ramanathapuram District.

4.Village Administrative Officer, Periyakulam Group, Kadaladi Taluk, Ramanathapuram District.

5.The Revenue Divisional Officer,Paramakudi, Ramanathapuram District.

+1CC to Mr.V.Karthikeyan, Advocate, SR.No.83702 +1CC to Mr.M.S.Jeyakarthik, Advocate, SR.No. 83829 +1CC to the Special Government Pleader SR.No.83858 W.P(MD)No.8342 of 2017 25.10.2017 rm AM/SV MMS/SAR 3/30.10.2017/2P/9C https://hcservices.ecourts.gov.in/hcservices/