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Madras High CourtWP/10092/2016disposed of

Mr.Venkatakrishnan v. The District Collector,

2016-03-18Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.10092 of 2016 1.Mr.Venkatakrishnan 2.Mrs.Rajalakshmi ... Petitioners Vs.

1.The District Collector, Collectorate, Perambalur, Perambalur District.

2.The Tahsildar, Veppanthattai Taluk, Perambalur District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to consider the representation of the petitioner dated 06.10.2015 and to pass appropriate orders within a time frame fixed by this Hon'ble Court.

For Petitioners : Mr.G.Ilamurugu For Respondents : Mr.P.Sanjay Gandhi Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The present writ petition has been filed seeking a Mandamus directing the second respondent to consider the representation of the petitioner dated 06.10.2015 and to pass appropriate orders within a time frame fixed by this Court. 3.In the petition it has been stated that the petitioners herein jointly purchased the property of an extent of Acre 1.59 from and out of Acre 2.77 and the land comprised in Punja S.No.48/1 from one Ayyappa Naicker under a registered sale deed dated 22.05.1972 and registered as Document No.1107/1972 in Book-I Volume 730 pages 303 to 304 and registered in the office of the Sub-Registrar of Valikandapuram and are in continuous possession and enjoyment of the same and cultivating crops from the date of purchase.

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4.It is further stated that due to bifurcation of the Taluks, the second respondent without any rhyme or reason and without affording any opportunity to the petitioners, straight away mutated the revenue records and deducted about Acre 0.30 cents and maintained the revenue records such as Chitta/Patta bearing Patta No.891 in the name of the first petitioner while recording the survey lands in the computerization and the survey number is also modified as S.No.48/1C to an extent of Hectare 0.52.0 (Acre 1.28 1⁄2 cents). On coming to know about the same, the first petitioner has periodically sent representations to the first respondent for survey of the land and to rectify the mistake committed by the second respondent from 2009 onwards and the last of such representation was made on 06.10.2015 and since no action has been taken so far, the petitioner has come forward with this petition.

5.Heard the submissions of the learned counsel appearing for the petitioners and the learned Additional Government Pleader. 6.This Court without going into the merits of the claim made by the petitioners, direct the petitioners to give a fresh representation along with a copy of this order to the respondents within a period of one week from the date of receipt of a copy of this order and the respondents on receipt of the same, is directed to consider the same and pass appropriate orders, after affording opportunity of personal hearing to the petitioners as well as to all the necessary parties within a period of six weeks thereafter. The writ petition is disposed of accordingly. No costs.

pri Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The District Collector, Collectorate, Perambalur, Perambalur District.

2.The Tahsildar, Veppanthattai Taluk, Perambalur District.

+ 1 cc to Mr.G.Ilamurugu, Advocate Sr 17703 + 1 cc to The Govt.Pleader, Sr 17756 KR/5/4/16 W.P.No.10092 of 2016 https://hcservices.ecourts.gov.in/hcservices/