C.Nallaperumal v. The District Collector
In the High Court of Judicature at Madras Dated : 20.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.1032 of 2025 C.Nallaperumal
...Petitioner
Vs 1.The District Collector, Cuddalore District, Cuddalore.
2.The Revenue Divisional Officer, Viruthachalam Revenue Division, Viruthachalam, Cuddalore District.
3.The Tahsildar, Viruthachalam Taluk, Cuddalore District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent to implement the proceedings in O.Mu.(A4)247/2024 dated 12.2.2024 by the 2nd respondent by considering the petitioner's representation dated 18.1.2024.
For Petitioner :
Mr.B.Ramprabhu For Respondents :
Mr.A.Selvendran, SGP 1/5
ORDER
Seeking a direction to the third respondent to consider the petitioner's representation dated 18.1.2024 to implement the proceedings of the second respondent dated 12.2.2024, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.
3. The case of the petitioner is as follows : (i) The petitioner owns agricultural land in S.No.24/8, Co.Ponneri Village, Viruthachalam Taluk, Cuddalore District. The petitioner's father purchased certain properties including the subject property vide sale deeds dated 22.10.1979 registered as doc.No.2738 of 1979 and dated 06.1.1982 registered as doc.No.22 o 1982 on the file of the Sub-Registrar, Viruthachalam. After the demise of his father on 05.1.1999, the petitioner has been enjoying the properties as the absolute owner. The revenue records continue to remain in the name of the petitioner's father. That being the case, one Mr.Veeravel, S/O Kuppusamy, who is working in the office of the Revenue Divisional 2/5
Officer, Viruthachalam and who is not owning any lands in S.No.24/8, has manipulated the records and got his name included in patta No.211 as a joint pattadhar.
(ii) On coming to know about the same, the petitioner sent a representation dated 18.1.2024 to the second respondent and another representation dated 22.1.2024 to the first respondent. Vide proceedings dated 12.2.2024, the second respondent, who received the same, forwarded it to the third respondent for taking proper action. As the same has not yet been considered, the petitioner apprehends that the said Mr.Veeravel is exercising his influence in the Revenue Department to ensure that the said representation is not taken up. Left with no other alternative, the petitioner is before this Court.
4. The petitioner submitted the said representation as early as January 2024. Though the second respondent directed the third respondent to adjudicate the matter and pass orders at the earliest, no action has been taken on that. This would clearly demonstrate the fact that the third respondent has abdicated his statutory duty. 3/5
5. Accordingly, the writ petition is allowed and a Mandamus is issued to the third respondent to consider the said representation of the petitioner dated 18.1.2024 on merits and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. It is needless to state that the third respondent shall pass orders after hearing and affording an opportunity to both the petitioner as well as the said Mr.Veeravel. No costs.
20.1.2025 To 1.The District Collector, Cuddalore District, Cuddalore.
2.The Revenue Divisional Officer, Viruthachalam Revenue Division, Viruthachalam, Cuddalore District.
3.The Tahsildar, Viruthachalam Taluk, Cuddalore District.
RS 4/5
P.T.ASHA,J RS 20.1.2025 5/5