V.Rethinam v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA V.Rethinam .. Petitioner Vs.

1.The Revenue Divisional Officer, Trichy Revenue Sub Division, Trichy.

2.The Thasildar, Trichy East Taluk Office, Trichy.

3.The Revenue Inspector, Trichy East Taluk Office, Trichy.

4.Jamal Mohamed 5.Mohamed Ibrahim ..Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's representation, dated 21.03.2024 to remove the respondents 4 and 5 names from the Patta No.119 in respect of Survey Nos.143/4 and 262/1 situated at Kottapattu Village, Trichy East

Taluk, Trichy District in pursuant to the report of the third respondent, dated 09.07.2021 forthwith.

For Petitioner :

Mr.K.Arunraj For R1 to R3 :

Mr.B.Saravanan Additional Government Pleader

ORDER

Seeking removal of the names of the respondents 4 and 5 from Patta No.119 issued in respect of Survey Nos.143/4 and 262/1 situated at Kottapattu Village, Trichy East Taluk, Trichy District, the petitioner is before this Court.

2. It is the case of the petitioner that the above properties stand in the joint names of V.Rengarasu, K.K.T.Perumal Ambalamaran, Jancyrani and the petitioner in Patta No.119. By mistake, two D.K files in D.K. 1191/2014 and D.K.1192/2014, dated 28.02.2014 in the names of the 4th and 5th respondents respectively had been included in the above said patta. On coming to know about the same, the petitioner had given several representations to the respondents 1 and 2 to remove the names of the respondents 4 and 5 from the said patta in Patta No.119. The 2nd

respondent on the basis of the petitioner's representation, dated 19.08.2020 had directed the 3rd respondent to conduct inspection and file a report. The 3rd respondent has also submitted a report, dated 09.07.2021 to the 2nd respondent informing that the D.K files have been wrongly included. However, no further steps have been taken. Therefore, on 21.03.2024, the petitioner had sent a detailed representation once again requesting to remove the names of the respondents 4 and 5. Since this request has also not been considered, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. Considering the fact that the 3rd respondent as early as on 09.07.2021 reported that two D.K files have been wrongly mutated and to date no steps have been taken to remove the names of the 4th and 5th respondents from Patta No.119, a mandamus is issued to the 1st respondent to consider the representation of the petitioner, dated 21.03.2024 and pass orders within a period of eight (8) weeks from the date of receipt of copy of this order.

5. With the above directions, this Writ Petition stands allowed. No costs.

18.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Revenue Divisional Officer, Trichy Revenue Sub Division, Trichy.

2.The Thasildar, Trichy East Taluk Office, Trichy.

3.The Revenue Inspector, Trichy East Taluk Office, Trichy.

P.T.ASHA, J.

gbg 18.09.2024