Arokiyasamy v. The Revenue Divisional Officer

W.P.(MD)No.22772 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2022

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.22772 of 2021 Arokiyasamy ... Petitioner vs.

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

2.The Tahsildar, Kulathur Talulk Office, Kulathur, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to dispose of the proceeding in Na.Ka.No.Aa4/2117/2020 on the basis of the representation 18.06.2019 within a time frame that may be fixed by this Court.

For Petitioner :Mr.K.Arunraj For Respondents :Mr.J.John Rajadurai Government Advocate *****

O R D E R

This Writ Petition has been filed in the nature of Mandamus seeking a direction against the first respondent to examine and pass orders on the representation given by the petitioner, dated 18.06.2019. It is stated that this particular enquiry should be conducted by the second respondent/Tahsildar, Kulathur Taluk, Pudukottai District.

2.Heard Mr.K.Arunraj, learned Counsel for the petitioner and Mr.J.John Rajadurai, learned Government Advocate appearing on behalf of the respondents.

3.The petitioner is a son of Singamuthu and grandson of Arulanantham Pillai. The petitioner in his affidavit had stated that the property situated in S.F.No.138/10, measuring 0.63.0 acres in Kulathur Village, Kulathur Taluk, Pudukottai District had been purchased by his father, Singamuthu from one Anwar Bag Sayabu son of Kathar bag Sayabu by registered sale deed on 28.12.1978. Patta was granted in the name of his father. Thereafter, the father died on 14.01.2014. The petitioner is one of his legal heirs. He also brothers and sisters. All of them are living in the property. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.22772 of 2021 4.It is stated that the petitioner found that in the year 2019, the revenue department had added another individual, Thanraj also son of Keeranur Arulanantham Pillai along with the name of the father in the patta. Protesting against, the present Writ Petition had been filed.

5.The petitioner should have impleaded the said individual as a respondent in the Writ Petition. However he has not chosen to do so.

6.Let the second respondent/Tahsildar, Kulathur Taluk, Pudukottai District, issue notice to the petitioner, issue notice to Thanraj, who according to the petitioner, is a resident of the said village and who is also shown as son of Keeranur Arulanantham Pillai, and also examine the other brothers and sisters of the petitioner and thereafter, examine the records and examine how the name of Thanraj came on record in the patta of the land, which the petitioner and his family members state that they are the owners. The said enquiry should be conducted and an order be passed in manner known to law within a period of sixteen weeks from the date of receipt of a copy of this order.

7.With the said observations, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The Revenue Divisional Officer, Iluppur, Pudukkottai District.

2.The Tahsildar, Kulathur Talulk Office, Kulathur, Pudukkottai District.

+1 CC to M/s.M.SILAMBARASAN, Advocate ( SR-915[F] dated 10/01/2022 ) W.P.(MD)No.22772 of 2021 07.01.2022 RD(24.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2