V. Thangamani v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR V.Thangamani ... Petitioner Vs.

1.The Revenue Divisional Officer, Pudukkottai Division, Pudukkottai District.

2.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.

3.The Zonal Deputy Tahsildar, O/o Zonal Deputy Tahsildar, Pudukkottai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the second respondent to issue patta to the petitioner for the land situated at Survey No.101/2A4, Pudukkottai North Village vide the order passed by the first respondent in proceedings O.Mu.A4/3881/2019, dated 04.08.2019 within the stipulated time as fixed by this Court. For Petitioner : Mr.C.Mayilvahana Rajendran For Respondents : Mr.K.MU.Muthu Additional Government Pleader

ORDER

Mr.C.Mayilvahana Rajendran, learned counsel on record for writ petitioner is before this Court.

2. Mr.K.MU.Muthu, learned Additional Government Pleader, accepts notice on behalf of all respondents.

3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.

4. Instant main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 13.07.2019 wherein writ petitioner has sought issue of patta for private lands on the basis of legal heir certificate. To be noted, this representation is addressed to the first respondent, who has forwarded it to the second respondent 1/3

under a communication signed on 04.08.2019. In the said communication date of the representation has been wrongly mentioned as 16.07.2019.

5. Notwithstanding several averments/ grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition / prayer in instant writ petition and submits that it will suffice if the second respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 13.07.2019, details of which have been alluded to supra.

6. Learned State counsel submitted that the second respondent is the authority who shall consider the aforementioned representation dated 13.07.2019 made by the writ petitioner (page Nos.10 & 11 of the typed set of papers forming part of the case file).

7. The aforesaid representation dated 13.07.2019 shall be disposed of by the second respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight (8) weeks from the date of receipt of a copy of this order.

8. It is made clear that in the course of the representation being considered by the second respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the second respondent shall put on notice and give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.

9. The proceeding / order of disposal of aforementioned representation shall be communicated by the office of the second respondent to the writ petitioner under due acknowledgement within seven (7) working days from the completion of aforesaid exercise, ie., seven days from date of disposal.

10. Instant Writ Petition is disposed of with the above directions. There shall be no order as to costs. Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) 2/3

SSL To 1.The Revenue Divisional Officer, Pudukkottai Division, Pudukkottai District.

2.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.

3.The Zonal Deputy Tahsildar, O/o Zonal Deputy Tahsildar, Pudukkottai.

+1 CC to M/s.C.MAYIL VAHANA RAJENDRAN, Advocate ( SR-93930[F] dated 23/10/2019 ) +1 CC to M/s.SPL GP ( SR-94277[F] dated 24/10/2019 ) 23.10.2019 KK/SAR/07.11.2019/3P-6C/ 3/3