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Madras High CourtWP(MD)/27114/2022disposed of

Chidambaram v. The Revenue Divisional Officer Cum Sub Collector

2022-12-01Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.27114 of 2022 Chidambaram .. Petitioner Vs.

1.The Revenue Divisional Officer cum Sub Collector, Sri Rengam Revenue Division, Vannan Kovil, Trichy District.

2.The Tahsildar, Marungapuri Taluk Office, Marungapuri, Madurai District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to rectify the Patta in respect of Survey No.376/1 for an extent of 0.26.50 hectors is situated at Malugappatti, Paluvanji East Village, Marungapuri Taluk, Trichy District in Patta No.179 on the basis of the petitioner's application dated 11.11.2022 within time frame fixed by this Court.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to rectify the Patta in respect of Survey No.376/1 for 1/4

an extent of 0.26.50 hectors, situated at Malugappatti, Paluvanji East Village, Marungapuri Taluk, Trichy District in Patta No.179, on the basis of the petitioner's application dated 11.11.2022 within time frame fixed by this Court.

2. Heard Mr.T.Vadivelan, learned counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader, who takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

3. The grievance of the petitioner is that the patta for aforementioned property has been wrongly issued in the name of Kundumani Wife of Solamalai instead of his mother's name, viz., Kundumani Wife of Alagu Goundar.

4. The learned counsel for the petitioner submitted that the aforementioned property was purchased by the petitioner's mother vide settlement deed in Doc.No.1587 of 1980, dated 30.09.1980 and patta was wrongly issued in the name of Kundumani Wife of Solamalai instead of Kundumani Wife of Alagu Goundar. In this regard, the petitioner's mother has approached the revenue officials several times. Since no action has been taken 2/4

on the same, the petitioner has made a representation to the respondents on 11.11.2022. There is a continuous inaction on the part of the respondents and hence, the petitioner has approached this Court by way of filing this petition.

5. No prejudice would be caused to the respondents, if the representation/application of the petitioner dated 11.11.2022 is considered on merits and in accordance with law, after hearing the petitioner as well as the rival claimants, if any.

6. Accordingly, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider the representation / application of the petitioner, dated 11.11.2022 on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and the rival claimants, if any, within a period of sixteen [16] weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

01.12.2022 Index : Yes/No Internet : Yes/No ta 3/4

V.BHAVANI SUBBAROYAN, J.

ta To 1.The Revenue Divisional Officer cum Sub Collector, Sri Rengam Revenue Division, Vannan Kovil, Trichy District.

2.The Tahsildar, Marungapuri Taluk Office, Marungapuri, Madurai District.

Order made in W.P.(MD) No.27114 of 2022 01.12.2022 4/4