Thavamani v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Thavamani ... Petitioner Vs 1.The Revenue Divisional Officer, Devakottai, Sivagangai District.

2.The Tahsildar, Singampunari Taluk, Sivagangai District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to comply the order passed by the first respondent proceedings in Pa.Ea.No.4134/2023, dated 08.04.2022 by considering the petitioner's representation dated 14.08.2023 within the time. For Petitioner :Mr.H.Mahamed Hussain For Respondents :Mr.P.T.Thiraviam Government Advocate 1/5

O R D E R

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner with a grievance that after the demise of his father Muthuvavu the property was devolved upon the petitioner and his brother and sister. The properties are undivided family properties enjoying by the petitioner and his brother and sister. In the meantime, the patta was issued by the Tahsildar, Singampuneri Taluk in favour of the petitioner's brother one Muthupandi. Therefore, the petitioner as a legal heir has made an objection to the Revenue Divisional Officer and the Revenue Divisional Officer after conducting an enquiry has also passed an order on 08.04.2022 directing the Tahsildar to restore the patta in the name of the petitioner father Muthuvavu. Though the Revenue Divisional Officer has passed an order on 08.04.2022, the same has not been considered and therefore, the petitioner has filed this writ petition for mandamus directing the Tahsildar to comply the order passed by the first respondent in his proceedings in Pa.Mo.A1/6692/2021, dated 08.04.2022 by considering his representation dated 14.08.2023. 2/5

3. The learned Government Advocate appearing for the respondents submitted that based on the representation of the petitioner and orders of the Revenue Divisional Officer, the Tahsildar has conducted an enquiry and awaiting for the report of the concerned Village Administrative Officer.

4. Considering the rival submissions made, this writ petition is disposed of with a direction to the Tahsildar the second respondent herein to complete the process within a period of two weeks from the date of receipt of a copy of this order. No costs. NCC : Yes / No.

Index : Yes / No.

08.09.2023 Internet:Yes am 3/5

To 1.The Revenue Divisional Officer, Devakottai, Sivagangai District.

2.The Tahsildar, Singampunari Taluk, Sivagangai District.

4/5

B.PUGALENDHI, J.

am Order made in 08.09.2023 5/5