BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27/11/2009
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
W.P(MD)No.3523 Of 2009
and
M.P(MD)NO.1 of 2009
A.B.Christy Arputharaj ..Petitioner
vs.
1. The Tahsildar,
Thiruvaiyaru,
Thanjavur District.
2. The Village Administrative Officer,
Megalathur Village,
Thiruvaiyaru Taluk,
Thanjavur District.
3. Lourdusamy
4. S.J.Edward Raj
(Fourth respondent is impleaded as per
order made in M.P(MD)No2 of 2009 in
W.P(MD)No.3523 of 2009, dated 14.10.2009)
..Respondents
PRAYER
Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus directing the first respondent to take
appropriate action on the petition submitted by the petitioner, dated
19.01.2009 and to carry out the necessary corrections in the house patta No.148
issued by the second respondent in respect of the property bearing Survey
No.288/10 at Megalathur Village, Thiruvaiyaru Taluk, Thanjavur District, by
deleting the name of Lourdusamy and inserting the name of the petitioner and
other legal heirs in that and also in the land patta in respect of the lands in
Survey No.298/2, Megalathur Village, Thiruvaiyaru Taluk, Thanjavur District by
adding the name of the petitioner and other legal heirs, namely, his sister and
paternal aunt at the earliest.
!For Petitioner ... Mr.R.Singgaravelan
^For Respondents ... Mr.Pala Ramasamy
1 and 2 Special.Govt.Pleader
For Respondent-4 ... Mr.Veerakathiravan
:ORDER
This Writ Petition has been filed praying for the issuance of a Writ of
Mandamus, to direct the first respondent to take appropriate action on the
petition submitted by the petitioner, on 19.01.2009, and to carry out the
corrections in the house Patta No.148, issued by the second respondent, in
respect of the property, bearing Survey No.288/10, at Megalathur Village,
Thiruvaiyaru Taluk, Thanjavur District, by deleting the name of Lourdusamy and
inserting the name of the petitioner and other legal heirs in the house Patta
No.148 and also in the land patta, in respect of the lands, in Survey No.288/10,
as well as in Survey No.298/2, of Megalathur Village, Thiruvaiyaru Taluk,
Thanjavur District.
2. At this stage of the hearing of the Writ Petition, the learned counsel
for the petitioner had submitted that the Tahsildar, Thiruvaiyaru, Thanjavur
District, had passed final orders, on 24.04.2009, in respect of the lands in
question. Therefore, the learned counsel for the petitioner had submitted that
the Writ Petition has become infructuous. However, he had submitted that the
petitioner may be permitted to challenge the order, passed by the Tahsildar,
Thiruvaiyaru, Thanjavur District, dated 24.04.2009, before the Revenue
Divisional Officer, Thiruvaiyaru, Thanjavur District.
3. In view of the submissions made by the learned counsls appearing on
behalf of the petitioner, the Writ Petition is dismissed as infructuous.
However, it is open to the petitioner to prefer an appeal before the Revenue
Divisional Officer, Thiruvaiyaru, Thanjavur District, in accordance with law,
and on such appeal being preferred by the petitioner, the Revenue Divisional
Officer, Thiruvaiyaru, Thanjavur District is to pass appropriate orders, as
expeditiously as possible, after giving an opportunity of hearing to the parties
concerned. Consequently, connected Miscellaneous Petition is dismissed. No
costs.
vsn
To
1. The Tahsildar,
Thiruvaiyaru,
Thanjavur District.
2. The Village Administrative Officer,
Megalathur Village,
Thiruvaiyaru Taluk,
Thanjavur District.