B.Raja v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No. 2334 of 2024 B.Raja ... Petitioner versus 1.The District Collector, Tiruvannamalai District.
2.The Revenue Divisional Officer, Thandarampattu Taluk, Tiruvannamalai District - 606 707.
3.The Tahsildhar, Thandarampattu Taluk, Tiruvannamalai District - 606 707.
... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing respondents 2 and 3 to rectify the entry of way in Adangal Register of Thanipadi in S.No.141/45, Thanipadi Village, Tandarampattu Taluk, Thiruvannamalai District and make an entry in petitioner's name in pursuance of the proceedings in O.Mu.En.A3/5300/2023 dated 10.08.2023 sent by the second respondent to the third respondent.
For Petitioner :
Mr.S.Tamilselvan Pg.Nos.1/5
For Respondents :
Mr.T.Arun Kumar Additional Government Pleader
O R D E R
This writ petition has been filed seeking for issuance of a writ of mandamus, directing respondents 2 and 3 to rectify the entry of way in Adangal Register of Thanipadi in S.No.141/45, Thanipadi Village, Tandarampattu Taluk, Thiruvannamalai District and make an entry in petitioner's name in pursuance of the proceedings in O.Mu.En.A3/5300/2023 dated 10.08.2023 sent by the second respondent to the third respondent.
2. The case of the petitioner is that the petitioner's father Balakrishnan and the petitioner are the absolute joint owners of the lands in S.Nos.141/44 and 141/45, Thanipadi Village, Tandarampattu Taluk, Thiruvannamalai District, each measuring an extent of 2.5 cents (total 5 cents). Originally the said lands were allotted to the petitioner's father and his grandmother by assignment dated 07.06.1989. Since then, they have been in continuous possession and enjoyment of the said lands. Subsequently, the petitioner's Pg.Nos.2/5
grandmother settled the property in S.No.141/45 in favour of the petitioner by way of settlement deed dated 21.04.2011. While that being so, in the Adangal Register the land in S.No.141/45 was wrongly described as entry way mentioning as 0.5 ares instead of 1 are. Hence, the petitioner gave a complaint to the second respondent on 27.07.2023. The second respondent forwarded same to the third respondent for necessary action, but the third respondent has not conducted enquiry to correct the mistakes in the Revenue Records, till date. Therefore, the petitioner is constrained to the file the present writ petition.
3. Heard both sides and perused the materials available on record.
4. Since this writ petition is filed for Mandamus simpliciter, to direct respondents to consider the representation/complaint of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the third respondent to consider the representation/complaint of the petitioner dated 27.07.2023, after giving notice to the petitioner as well as interested parties/rival claimants/ Pg.Nos.3/5
objectors/aggrieved parties if any, after conducting enquiry into the matter and pass appropriate orders on merits and in accordance with law. Such exercise shall be completed within a period eight weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is disposed of. However, there shall be no order as to costs. 05.03.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector, Tiruvannamalai District.
2.The Revenue Divisional Officer, Thandarampattu Taluk, Tiruvannamalai District - 606 707.
3.The Tahsildhar, Thandarampattu Taluk, Tiruvannamalai District - 606 707.
Pg.Nos.4/5
P.VELMURUGAN, J.
ms 05.03.2024 Pg.Nos.5/5