Arulmigu Padalathri v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.01.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.205 of 2018 Arulmigu Padalathri Siyathamman Thirukoil Korattur Chennai-600 076.
Rep. by its Executive Officer .. Petitioner versus 1.
The District Collector District Collectorate Thiruvallur.
2.
The Revenue Divisional Officer Ambattur Chennai-600 053.
3.
The Tahsildar Ambattur Taluk Chennai-600 053.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 3rd respondent to effect the necessary changes in the revenue records in respect of 58 cents of land in Survey No.386, Korattur Village, Ambattur Taluk, Thiruvallur District in accordance with the order dated 29.06.2016 of the 2nd respondent. For Petitioner : Mr.A.K.Sriram for Mr.A.S.Kailasam & Associates For Respondents : Mr.B.Anandan Government Advocate
O R D E R
Mr.B.Anandan, learned Government Advocate takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. Heard Mr.A.K.Sriram, learned counsel appearing for the petitioner and Mr.B.Anandan, learned Government Advocate appearing for the respondents.
3. The petitioner is a Temple. This writ petition is filed seeking for a mandamus directing the third respondent to effect necessary changes in the Revenue Records in respect of 58 cents of land in Survey No.386, Korattur Village, Ambattur Taluk, Thiruvallur District in accordance with the order passed by the second respondent dated 29.06.2016.
4. The case of the petitioner is that the third respondent made some wrong entires in the Revenue Records in respect of the subject matter land and consequently, the petitioner filed an appeal before the second respondent which was kept pending for a long time. Therefore, it is submitted that the petitioner approached this Court and filed WP.No.22335 of 2015, wherein an order came to be passed on 24.07.2015, directing the second respondent herein, who was arrayed as the first respondent therein, to consider the petitioner's representation dated 04.06.2015 and pass orders within the time stipulated therein. It is further stated that in pursuant to the order passed in the above said writ petition, the second respondent, through proceedings dated 29.06.
2016, passed an order and remitted the matter back to the third respondent to make necessary corrections in the Revenue Records in respect of the above said land. Now, the grievance of the petitioner before this Court is that even though the said order was passed by the second respondent as early as on 29.06.2016 and the petitioner has also made several representations to make correction in the Revenue Records in accordance with the order passed by the second respondent, the third respondent has not passed any order so far.
5. Mr.A.K.Sriram, learned counsel appearing for the petitioner after inviting this Court's attention to the order passed by the second respondent dated 29.06.2016 as well as various representations given by the petitioner-Temple dated 19.09.2016, 06.01.2017, 29.05.2017 and 10.11.2017 to the third respondent, submitted that unless a direction is issued to the third respondent, the order passed by the second respondent dated 29.06.2016 will not be implemented in the near future.
6. Considering the above stated facts and circumstances and the order passed by the second respondent as well as the representations made by the petitioner as stated supra, this Court is of the view that the third respondent cannot keep the matter pending for a long time without implementing the order passed by the second respondent, if the said order has become final and conclusive. Accordingly, this writ petition is disposed of, by directing the third respondent to consider the
said representations of the petitioner and pass appropriate orders on the same, in the light of the order already passed by the second respondent dated 29.06.2016, if there is no legal impediment for the third respondent to do so. Such exercise shall be done by the third respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.
Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar mk To 1.
The District Collector District Collectorate Thiruvallur.
2.
The Revenue Divisional Officer Ambattur Chennai-600 053.
3.
The Tahsildar Ambattur Taluk Chennai-600 053.
+1 cc to M/s.A.S.Kailasam and Associates sr 1754 +1 cc to the Govt Pleader sr 1439 W.P.No.205 of 2018 aa22/01/2018