The High Court directed the Tahsildar to conduct an enquiry, hearing the petitioner, the 4th respondent, and a third party in whose name patta had been mutated, and to pass orders on merits within twelve weeks. The writ petition was disposed of with these directions.
Direction to complete enquiry and pass orders on merits within 12 weeks.
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W.P.(MD)No.6865 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.03.2025
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.P.(MD)No.6865 of 2025
Shanthi
... Petitioner
Vs.
1.The District Collector, Thanjavur District, Thanjavur.
2.The Revenue Divisional Officer, RDO Office, Near to Manimandapam, New Bus Stand Road, Thanjavur, Thanjavur District.
3.The Tahsildar, Papanasam Taluk, Thanjavur District.
4.Shanthi ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3 rd respondent to conduct and complete the enquiry proceedings in Va.Thee.Manu.No.725/23/A4 and to issue patta in favour of the petitioner and other legal heirs of the petitioner's father Late.G.Jeyaraman in respect of the property in Old Sy.No.117 in New Sy.No. 262/4 to the extent of 33 cents of eastern side out of 9.56 acres situated at
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Melakalakudi Village, Papanasam Taluk, Thanjavur Town and District within a stipulated period as framed by this Court.
For Petitioner : Mr.A.Sankara Ramasubramanian For R1 – R3 : Mrs.K.Malathi Additional Government Pleader
O R D E R
The petitioner seeks an issuance of writ of mandamus to direct the 3 rd respondent to conduct enquiry pursuant to the enquiry notice issued in Na.Ka.No.746/23/A4, dated 05.12.2023.
2. The grievance of the petitioner is that the 4 th respondent has no right in the subject property. It absolutely belongs to the petitioner who has become entitled to the same pursuant to the demise of his father Jeyaraman, who had purchased the property through a registered sale deed, dated 25.04.1997. The petitioner made an application on 19.05.2023 to remove the name of the 4 th respondent. The 3 rd respondent, on receipt of the application of the petitioner, issued an enquiry notice, which the petitioner now seeks disposal.
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3. However, today, when the matter is taken up for admission, the learned
Additional Government Pleader would submit that in respect of Survey No. 262/4, patta has been mutated in the name of one Pugalenthi, s/o Subbian and now, patta is standing in the name of one Pugalendhi.
4. In view of the above, the 3 rd respondent is directed to conduct an
enquiry after affording an opportunity to the petitioner, 4 th respondent as well as Pugalenthi s/o Subbian, in whose name Patta No.91 has been mutated as on date and thereafter, pass orders on merits and in accordance with law and thereby dispose of the enquiry proceedings initiated on the complaint of the petitioner, dated 19.05.2023. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.
5. With the above directions, this Writ Petition stands disposed of. No
costs.
18.03.2025
NCC:yes/no Index:yes/no Internet:yes/no gbg
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To:
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W.P.(MD)No.6865 of 2025
P.B.BALAJI, J.
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W.P.(MD)No.6865 of 2025
18.03.2025
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1 issue framed by the court
Whether the Revenue authorities should conduct an enquiry and dispose of proceedings regarding mutation of patta in respect of the subject property.
1 provisions across 1 enactments
Shanthi
The District Collector, Thanjavur District
The Revenue Divisional Officer
The Tahsildar, Papanasam Taluk
Shanthi
P.B.BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
