A.Chandra v. The Revenue Divisional Officer, (Rdo)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI A.Chandra ... Petitioner versus

1. The Revenue Divisional Officer (RDO) O/o. The Revenue Divisional Officer, Dindigul District.

2. The Tahsildar, Palani Taluk Office, Palani, Dindigul District.

3. A.Balamurugan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1st and 2nd respondents on the basis of the petitioner's representation dated 25.11.2021, do not mutate her patta No.1700 which stands in the petitioner's name to the name of 3rd respondent or his men by the fraudulent sale deed in Doc.No.1702/2017 dated 24.07.2017. 1/5

For Petitioner : Mr.R.Sundar For R1 and R2 : Mr.M.Sarangan, Additional Government Pleader

ORDER

The petitioner has executed a sale deed in favour of the 3rd respondent with regard to her land in Survey No.399/1 of Kothaimangalam Village, Palani Taluk, Dindigul District and has submitted a representation dated 25.11.2021 that the 3rd respondent has cheated him without paying the balance sale consideration for the land and therefore, requested to cancel the document executed in favour of the 3rd respondent on 24.07.2017 as Document No.1702/2017. She has also submitted another representation dated 21.08.2023 not to change patta based on the sale document No.1702/2017. Since there was no action, the petitioner has filed this writ petition for a Mandamus directing the respondents 1 and 2 to consider her representation dated 25.11.2021 and not to effect any change in the revenue records. 2/5

2. Mr.M.Sarangan, learned Additional Government Pleader, who takes notice for the respondents 1 and 2, on instruction, submits that the 3rd respondent, based on the sale document No.1702/2017 dated 24.07.2017, has already submitted an application for mutation of revenue records and also filed a writ petition before this Court in W.P. (MD)No.2075 of 2023, wherein, this Court, by order dated 02.02.2023, directed the respondent/the Tahsildar, Palani, to consider the petitioner's application for mutation of revenue records within a period of twelve weeks. Therefore, the respondents cannot consider the petitioner's representation.

3. If the petitioner is having grievance that the 3rd respondent has not given the sale consideration for the land in Survey No.399/1 which was registered as Document No.1702/2017 dated 24.07.2017, she either can work out her remedy before the Civil Court or can file an writ appeal as against the order passed in W.P.(MD)No.2075 of 2023 dated 02.02.203.

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4. Accordingly, this writ petition is dismissed. No costs. 25.08.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Revenue Divisional Officer (RDO) O/o. The Revenue Divisional Officer, Dindigul District.

2. The Tahsildar, Palani Taluk Office, Palani, Dindigul District.

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B.PUGALENDHI, J.

ogy 25.08.2023 5/5