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Madras High CourtWP/886/2025allowed

Sekar v. The District Collector,

2025-01-20Honourable Ms. Justice P.T. Asha4 pages

In the High Court of Judicature at Madras Dated : 20.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.886 of 2025 Sekar

...Petitioner

Vs 1.The District Collector, Perambalur.

2.The Revenue Divisional Officer, Perambalur.

3.The Tahsildar, Alathur, Perambalur.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 2 and 3 to dispose of the petitioner's representation dated 20.12.2024 within a specified time period fixed by this Court.

For Petitioner :

Mr.M.Dhalapathy Vignesh Kumar For Respondents :

Mr.R.P.Murugan Raja, GA

ORDER

Seeking a direction to respondents 2 and 3 to consider his representation dated 20.12.2024 within a time frame, the petitioner is before this Court.

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2. Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the respondents.

3. The case of the petitioner is that he is the absolute owner of the property in S.No.125/13 measuring 0.30 cents, S.No.125/15 measuring 0.06 cents, S.No.125/17 measuring 0.15 cents and S.No. 125/19 measuring 0.18 cents, in total measuring 0.69 cents, Erur Village, Alathur Taluk, Perambalur District. The petitioner and his mother purchased the subject properties vide sale deed dated 28.11.1980 registered as doc.No.2522 of 1980 on the file of the SubRegistrar, Chettikulam from one Mr.Ponnusamy and one Mr.Periyasamy for a valid sale consideration. Abutting the subject properties, the lands situated at S.No.125/20 measuring 0.41 cents were classified as Government Tharisu. But, without considering the same, the third respondent mutated the records in the names of the legal heirs of the said Mr.Periyasamy.

After mutation, the third parties put up a shed in S.No.125/20. Hence, the petitioner sent a representation dated 20.12.2024 to the third respondent seeking to rectify the error in the revenue records. Even thereafter, the third respondent is attempting to survey the said Government Tharisu land and fix its boundaries. Hence the writ petition.

4. Considering the limited nature of the relief sought, the writ petition is allowed and a Mandamus is issued to the third respondent to consider the said representation of the petitioner dated 20.12.2024 on merits and pass appropriate orders in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. No costs.

20.1.2025 To 1.The District Collector, Perambalur.

2.The Revenue Divisional Officer, Perambalur.

3.The Tahsildar, Alathur, Perambalur.

RS 3/4

P.T.ASHA,J RS 20.1.2025 4/4