O.P.Murali v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.09.2019

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR O.P.Murali ... Petitioner vs.

1.The District Revenue Officer, 2.The Revenue Divisional Officer, Othakadai Revenue Division, Melur Taluk, 3.The Tahsildar, Melur Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 21.08.2019 and to rectify the error occurred in computer patta No.3065 and include the property in S.No.657/10B extent about 28 cents and S.No.664/2B extent about 31 cents in Kidaripatti Village, Melur Taluk, Madurai District in Patta NO.3065 issued by the third respondent within the stipulated time as fixed by this Court.

For Petitioner : Mr.R.Manimaran For Respondents : Mr.S.Angappan Government Advocate

ORDER

Mr.R.Manimaran, learned Counsel on record for the writ petitioner is before this Court.

2. Mr.S.Angappan, learned Government Advocate, accepts notice on behalf of all the three respondents.

3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.

4. The main writ petition turns on very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 21.08.2019, wherein what according to the writ petitioner are the errors found in his patta have been sought to be rectified.

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5. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned Counsel for the writ petitioner abridges the scope of the writ petition and submits that it will suffice if the third respondent is directed to dispose of the representation of the writ petitioner, dated 21.08.2019 with requests, details of which have been set out supra.

6. The learned State Counsel also submitted that the third respondent is the authority who shall consider the aforementioned representation dated 21.08.2019 made by the writ petitioner ( page No.32 of the typed set of papers forming part of the case file).

7. It is made clear that in the course of the representation being considered by the third respondent, if the rights of any other third party / parties or any other third party entity / entities is likely to be affected, the third respondent shall give reasonable opportunity to such third party / parties or any other third party entity/entities, before disposing of the aforementioned writ petitioner's representation though obviously, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.

8. The aforesaid representation dated 21.08.2019 shall be disposed of by the third respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight weeks from the date of receipt of a copy of this order.

9. The proceeding / order shall be duly communicated by the office of the second respondent to the writ petitioner under due acknowledgement within seven working days from the completion of aforesaid exercise.

10. Instant Writ Petition is disposed of with the above directions. There shall be no order as to costs. Sd/- Assistant Registrar (crl.side) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Revenue Officer, 2/3

2.The Revenue Divisional Officer, Othakadai Revenue Division, Melur Taluk, 3.The Tahsildar, Melur Taluk, +1 CC to Mr.R.MANIMARAN, Advocate ( SR-85130[F] dated 04/09/2019 ) 03.09.2019 ssl MK (19.09.2019) 3P 5C 3/3