S.Govindhan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.1356 OF 2022 1.S.Govindan 2.G.Kamarajan 3.K.Tamilarasi 4.A.Pushpavalli 5.P.Mallika 6.K.Allirani 7.N.Mahalashmi 8.S.Vasantha 9.K.Karthik 10.K.Sasikumar 11.K.Sunilkumar
...Petitioners
Vs 1.The District Collector, Salem District, Salem.
2.The District Revenue Officer, Salem Collectorate, Salem.
3.The Tahsildhar, Salem West, Salem.
...Respondents
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to include their mother Irusayammal name in the Aregister for the land situated in S.No.67/3, Kondanaickenppatti Village, Salem District, having an extent 2 Acres and 62 cents in Patta No.246, to consider and pass orders on the petitioners representation dated 10.07.2021.
For Petitioners :
Mr.A.Manoj Kumar For Respondents :
Mr.P.Balathandayutham Special Government Pleader
ORDER
This writ petition is filed to issue a Writ of Mandamus to direct the respondents to include the second petitioner's mother/Irusayammal's name in the A-Register for the land comprised in S.No.67/3, situated at Kondanaickenppatti Village, Salem District, having an extent of 2 Acres and 62 cents in Patta No.246, to consider and pass orders on the second petitioner's representation dated 10.07.2021.
2. The second petitioner submitted his representation dated 10.07.2021 to include his deceased mother, viz., Irusayammal name in the A-Register in respect of the land comprised in S.No.67/3, situated at Kondanaickenppatti Village, Salem District, having an extent of 2 Acres and 62 cents in Patta No.246. In fact, the second petitioner's mother already filed a Writ Petition for the very same request while she was alive before this Court in W.P.No.26742 of 2005 by order dated 22.08.2005, directed the respondents to take effective steps to trace out the records relating to the proceedings of the Tahsildar dated 05.08.1986 and implement the said proceedings in the event there is no legal impediment within a period of two moths from the date of receipt of copy of the said order or on production of the same by the petitioner.
It is further directed that, in the event, the records are not traceable, the respondents therein shall consider the request of the petitioner for registering her name in the Patta proceedings based on the records produced by the petitioner therein. Even then, the respondents did not consider the same as directed by this Court. After demise of the second petitioner's mother, the second petitioner again made a representation and it is still pending.
3. Considering the above facts and circumstances of the case, the third respondent is directed to consider the second petitioner's representation dated 10.07.2021, after issuance of notice to the petitioners and counter parties, if any and after giving an opportunity of hearing to them, pass orders on merits and in accordance with law, in view of the said order passed by this Court dated 22.08.2005 in W.P.No.26742 of 2005, within a period of twelve weeks from the date of receipt of a copy of this order.
4. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar kv
To 1.The District Collector, Salem District, Salem.
2.The District Revenue Officer, Salem Collectorate, Salem.
3.The Tahsildhar, Salem West, Salem.
+1cc to M/s.A.Manojkumar, Advocate Sr.No.6507 +1cc to the Government Pleader Sr.No.7414 W.P.No.1356 of 2022 PL(CO) RVM(24/02/2022)