Madras High CourtWP(MD)/10399/2015disposed of

A. Rajalingam v. The Tahsildar

2023-03-03Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.03.2023

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU W.P.(MD).No.10399 of 2015 A.Rajalingam ... Petitioner Vs.

The Thasildar, Uthamapalayam Taluk, Theni District.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent viz., The Thasildar Uthamapalayam to transpose the petitioner's name alone in the computerised patta sheet in respect of lands in S.No.133/4 of an extent of 0.21.0 hectares approximately 52 cents and lands in S.No.612/15 of an extent of 0.12.0 hectares (approximately 30 cents) in Kutchanoor Village, Uthamapalayam Taluk, Theni District with reference to the patta passbook no.RTG 1870/09 in the light of the representation dated 10.06.2014. For Petitioner :Mr.V.Vijay Shankar For Respondents :Mr.M.Prakash Additional Government Pleader

O R D E R

This writ petition has been filed seeking for a Mandamus, directing the respondent viz., The Thasildar Uthamapalayam to transpose the petitioner's name alone in the computerised patta sheet in respect of lands in S.No.133/4 of an extent of 0.21.0 hectares approximately 52 cents and lands in S.No.612/15 of an extent of 0.12.0 hectares (approximately 30 cents) in Kutchanoor Village, Uthamapalayam Taluk, Theni District with reference to the patta passbook No.RTG 1870/09 in the light of the representation dated 10.06.2014.

2. The learned counsel for the petitioner would submit that originally the land belonged to the father of the petitioner and that originally patta has been issued in Patta pass-book No.RTG 1870/09, in the name of the petitioner based upon the No Objection Certificate issued by the sisters of the petitioner. However, while updating the revenue records in the computer, the names of the sisters were also shown as joint pattadharars, as the legal heirs of the petitioner's father. Hence, he had made a representation to the respondent requesting them to delete the names of his sisters and only

to show his name as a pattadhar in respect of Survey No.133/4 and Survey No.612/15 of Kutchanoor Village, Uthamapalayam Taluk.

3. The learned Additional Government Pleader would submit that patta has been updated in the computer based upon the legal heir certificate issued in respect of the petitioner's father Alagu Veluswami.

4. Be that as it may, since the petitioner had made a representation as early as in the year 2014 and the same has not been disposed of by the respondent. Hence, there shall be a direction to the respondent to consider the representation of the petitioner and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. While complying with this direction, the respondent shall issue appropriate notice to all the parties concerned and thereafter, pass orders.

5. In view of the above directions, this writ petition stands disposed of. There shall be no order as to costs. 03.03.2023 NCC :Yes/No Index :Yes/No Internet :Yes/No sbn To The Thasildar, Uthamapalayam Taluk, Theni District.

K.KUMARESH BABU, J.

sbn W.P.(MD).No.10399 of 2015 03.03.2023