J.Mohammed Abdul Raheem v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR J.Mohammed Abdul Raheem ... Petitioner /Vs./ 1.The District Collector, O/o.the District Collector, Ramanathapuram District.
2.The District Revenue Officer, O/o.the District Revenue Office, Ramanathapuram District.
3.The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Near Government Hospital, Ramanathapuram District.
4.The Thasildar, O/o.the Thasildar Office, Keelakkarai Taluk, Periyapattinam Group & Village, Ramanathapuram District.
5.The Special Tahsildar, Updating Registry Scheme, Ramanathapuram, Ramanathapuram District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to mutate the online patta in the name of the petitioner in respect of the property situated in S.No.94/3 extent of 0.20.5 (Patta no.1071) and S.No.111/5A2 extent of 0.20.5(Patta No.1624) situated at Periyapattinam Group and Village, Keelakkarai Taluk, Ramanathapuram District in conformity with the patta issued by the Special Thasildar (Updating Registry Scheme) within the period that may be stipulated by this Court.
For Petitioner : Mr.M.Mohamed Rafi for M/s.Ajmal Associates (Law Firm) For Respondents : Mr.M.Pandiarajan Additional Government Pleader
ORDER
Mr.M.Mohamed Rafi, learned counsel on record for writ petitioner is before this Court.
1/3
2. Mr.M.Pandiarajan, learned Additional Government Pleader, accepts notice on behalf of all five respondents.
3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
4. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 09.01.2019 wherein writ petitioner has sought uploading of patta with regard to certain extents of land in the computer patta.
5. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several 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 and submits that it will suffice if the third respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 09.01.2019, details of which have been alluded to supra.
6. Learned State counsel submitted that the third respondent is the authority who shall consider the aforementioned representation dated 09.01.2019 made by the writ petitioner (page Nos.7 and 8 of the typed set of papers forming part of the case file).
7. The aforesaid representation dated 09.01.2019 shall be disposed of by the third 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 third respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the third respondent shall give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. The authority concerned shall not embark upon any exercise which is within the domain of civil Court jurisdiction. 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 shall be communicated by the office of the third respondent to the writ petitioner and others concerned if any under due acknowledgement within seven (7) working days from the completion of aforesaid exercise. 2/3
10. Instant Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) sm To 1.The District Collector, O/o.the District Collector, Ramanathapuram District.
2.The District Revenue Officer, O/o.the District Revenue Office, Ramanathapuram District.
3.The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Near Government Hospital, Ramanathapuram District.
4.The Thasildar, O/o.the Thasildar Office, Keelakkarai Taluk, Periyapattinam Group & Village, Ramanathapuram District.
5.The Special Tahsildar, Updating Registry Scheme, Ramanathapuram, Ramanathapuram District.
+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-97017[F] dated 08/11/2019 ) +1 CC to Spl.GP ( SR-97284[F] dated 11/11/2019 ) Order made in Dated:08.11.2019 MK (25.11.2019) 3P 8C 3/3