Indhirani v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.30830 of 2023 Indhirani ... Petitioner Vs.

1.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

2.The Tahsildar, Kumbakonam Taluk Office, Kumbakonam, Thanjavur District.

3.K.Ramesh ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st and 2nd respondents herein to cancel the patta on the name of the 3rd respondent herein and issue the patta to the petitioner with regard to property in Survey No.37/11 to an extent of 3 Ares situated at Palavathan Kattalai Village in Pranchari Village, Kumbakonam Taluk, Thanjavur District based on the representation dated 12.06.2023.

For Petitioner : Mr.G.Gomathisankar For R1 & R2 : Mr.M.Prakash Additional Government Pleader

O R D E R

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the respondents 1 and 2. 2.The petitioner wants the patta in respect of the petition mentioned survey number standing in the name of the third respondent to be cancelled.

3.When the matter was taken up for hearing, the learned Additional Government Pleader submitted that the petitioner owns the land in S.No.37/6, whereas the land in S.No.37/11 stands in the name of the third respondent. According to the learned Additional Government Pleader, the petitioner has nothing to do with S.No.37/11. 4.The learned counsel on the other hand would submit that the petitioner's father-in-law purchased the property, vide registered sale deed

way back in the year 1968. He drew my attention to the schedule, in which there is a reference to S.Nos.37/1 and 37/2. The official instructing the learned Additional Government Pleader would state that S.No.37/2 was shown as 'Tharisu'.

5.These are the factual aspects and I do not want to go into the same for the present. The first respondent is directed to enquire into the petitioner's representation dated 12.06.2023 and after perusing the relevant revenue records and putting the third respondent on notice pass final orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. The matter is left to the discretion of the first respondent.

6.The Writ Petition is disposed of, accordingly. No costs. 21.12.2023 NCC :No Internet :Yes Index :No

To 1.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

2.The Tahsildar, Kumbakonam Taluk Office, Kumbakonam, Thanjavur District.

G.R.SWAMINATHAN, J.

mm W.P.(MD)No.30830 of 2023 21.12.2023