S.Gopalakrishnan v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN S.Gopalakrishnan ... Petitioner Vs.

1.The District Revenue Officer, The District Revenue Office, Tirunelveli, Tirunelveli District.

2.The Revenue Divisional Officer, Office of Revenue Divisional Office, Tirunelveli, Tirunelveli District.

3.The Tahsildar, Taluk Office, Manoor, Tirunelveli District.

4.Aachiammal, W/o.Subbiah 5.Seethaiammal, W/o.Krishnan ... Respondents [R4 and R5 impleaded vide order dated 02.03.2020 in W.M.P.(MD)No.18989 of 2018] Page No. 1 of 5

Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus, directing the first respondent DRO, Tirunelveli, to consider the petitioner's representation dated 08.12.2017 to rectify the mistake made in the UDR Patta No.109 and for the name transfer in favour of the petitioner in Survey No.478/4 property situated at Sithar Chathiram Village, Tirunelveli, in the light of the proceedings of the second respondent made in Ne.Mu.A3/8900/2015, dated 07.08.2016 subsequently the report submitted by Tahsildar, Manoor, Tirunelveli, made by his proceedings in Na.Ka.A1/1886/2016 dated 16.11.2016 to the second respondent which is pending for the consideration of the first respondent till date and dispose of the same in accordance with law within a stipulated time that may be fixed by this Court. For Petitioner : No Appearance For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader For R5 : Mr.P.Rajesh

O R D E R

There is no representation for the petitioner. Even on the previous occasion when the case was listed on 02.03.2020, this Court had recorded that 'There is no representation for the Petitioner, when the matter is called.' However, notice was ordered on the fourth and fifth respondents returnable by 08.04.2020.

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2. It is noticed that notice on the fourth respondent has not been served till date. The learned counsel for the petitioner had herself filed a typed set of papers on 02.12.2021 enclosing a copy of the Aadhar Card of the petitioner and the Death Certificate of the Petitioner dated 11.06.2021. The Death Certificate dated 11.06.2021 indicates that the petitioner had died on 02.06.2021.

3. Therefore, this Writ Petition is dismissed for non-prosecution, without expressing any opinion on merits although the respondents have filed their counter affidavit. However, liberty is given to the legal heirs of the deceased petitioner to restore this Writ Petition if they are interested to pursue with the case. No costs.

19.07.2024 Index: Yes / No Speaking Order / Non-Speaking Order JEN Copy To:

1.The District Collector, Madurai District, Madurai.

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2.The Revenue Divisional Officer, Madurai District, Madurai.

3.The Tahsildar, Vadipatti Taluk, Madurai District.

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C.SARAVANAN , J.

JEN 19.07.2024 Page No. 5 of 5