Muthuvazhivittan, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2020
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Muthuvazhivittan ... Petitioner Vs.
1. The District Collector, Ramanathapuram District, Ramanathapuram.
2. The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
3. The Tahsildar, Kamudhi Taluk, Ramanathapuram District.
4. The Village Administrative Officer, No.47M, Pudukulam, No.48, Villanendal, Kamudhi Taluk, Ramanathapuram District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 26.12.2017.
For Petitioner : Mr.P.Banuprasath For Respondents : Mr.C.Ramesh Special Government Pleader
ORDER
This writ petition is filed to direct the respondents to consider the petitioner's representation dated 26.12.2017. 2.Heard Mr.P.Banuprasath, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Special Government Pleader appearing for the respondents.
1/3
3.According to the petitioner, the property in Survey Nos.23/1B, 23/1E, 24/6, 12/3A, 12/4B, 12/4D, 20/1B, 20/8C, 21/2C, 8/1B, 24/2A, 25/3D, 25/5B, 30/1A1, 30/1A3 and 30/1C, situated at Villanendal Village, Kamudhi Taluk, Ramanathapuram District, originally belonged to the petitioner's grand father. After the demise of the petitioner's grand father and his father, the petitioner made an application to mutate in the revenue records in favour of him. Thereafter, necessary mutation was made in the revenue records. In respect of the said property, the petitioner has executed a mortgage deed in favour of one Vasantha, through his power agent. In the said circumstances, the petitioner has applied computer patta. The petitioner was shock and surprise, the computer patta was stand in the name of one Muniammal, W/o.
Uruvatti, who is no way connected to the property and the petitioner has never executed a sale deed in favour of her. Therefore, the petitioner approached the fourth respondent to issue Certificate of 10(1). After getting the said certificate, the petitioner made a representation dated 26.12.2017 to the second respondent to rectify the mistake made in the computer patta and to issue patta in favour of him. Since no action has been taken, the petitioner is before this Court.
4.So far no counter affidavit has been filed by the respondents.
5.The learned Special Government Pleader appearing for the respondents submitted that the petitioner's representation is pending before the Revenue Divisional Officer, Ramanathapuram District, and appropriate orders will be passed within the stipulated time.
6.Considering the limited scope of the prayer, this Court directs the second respondent to consider the petitioner's representation dated 26.12.2017 and pass appropriate orders on merits and in accordance with law, after providing an opportunity of hearing to the petitioner as well as the interested parties, if any, within a period of 8 weeks from the date of receipt of a copy of this order.
7.With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns 2/3
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
1. The District Collector, Ramanathapuram District, Ramanathapuram.
2. The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
3. The Tahsildar, Kamudhi Taluk, Ramanathapuram District.
4. The Village Administrative Officer, No.47M, Pudukulam, No.48, Villanendal, Kamudhi Taluk, Ramanathapuram District.
+1 CC to the SPL GP ( SR-17391[F] dated 18/09/2020 ) 17.09.2020 KG(CO) CS(29.09.2020) 3P 6C 3/3