Sathiyamoorthy v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Sathiya Moorthy ... Petitioner -vs1.The Revenue Divisional Officer, Revenue Divisional Office, Cheranmahadevi, Tirunelveli District.

2.The Tahsildar, Thisayanvilai Taluk Office, Tirunelveli District.

3.Sivagirinathan ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 1st respondent RDO, Cheranmahadevi, RDO Office, Cheranmahadevi, Tirunelveli District, to dispose the appeal pending before him filed by the petitioner against the joint patta issued in the name of 3rd respondent in patta no.2070 on the basis of the fabricated documents, executed in favour of 3rd respondent without any

rights and to delete the 3rd respondent name from all the survey number properties of petitioner in the old patta no.351, situated at Vijayanarayanam Village part iv, Thisayanvilai Taluk, Tirunelveli District, and to consider the petitioner's representation, dated 31.08.2023 sent to the RDO, Cheranmahadevi/the 1st respondent herein through Registered post with acknowledgement card.

For Petitioner :

Ms.K.Abiya For Respondents 1 & 2 : Mr.R.Ragavendran, Govt. Advocate.

ORDER

This Writ Petition has been filed for issuance of a writ of mandamus, directing the first respondent - Revenue Divisional Officer, Cheranmahadevi, to dispose of the appeal pending before him, filed by the petitioner.

2. This is yet another case, in which even without giving a representation to the respondents, a writ of mandamus has been filed. In the absence of any representation, calling upon the official respondents to discharge the duty cast on them under the Tamil Nadu Patta Pass Book Act, and refusal thereof, the Writ Petition cannot be entertained.

3. Learned counsel for the petitioner submits that she may be permitted to withdraw the Writ Petition, with liberty to approach the respondents by way of a representation. She has also made an endorsement in the case bundle to that effect.

4. Permission is granted and this Writ Petition is dismissed, as withdrawn, with liberty to the petitioner, as prayed for. No costs. 27.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1.The Revenue Divisional Officer, Revenue Divisional Office, Cheranmahadevi, Tirunelveli District.

2.The Tahsildar, Thisayanvilai Taluk Office, Tirunelveli District.

N.MALA, J.

dixit 27.11.2024