← Library
Madras High CourtWP/2752/2022disposed of

Periyasamy v. The District Collector

2022-02-17Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.2752 OF 2022 Periyasamy ... Petitioner .Vs.

1. The District Collector, Collectorate, Perambalur.

2. The District Revenue Office, Collectorate, Perambalur.

3. The Revenue Divisional Officer, Revenue Divisional Office, Perambalur.

4. The Tashildar, Taluk Office, Veppanthattai.

5. Ganapathy ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner representation dated 21.12.2021 to conduct a proper enquiry and to remove the name of Ganapathy, S/o.Viswanathan in the revenue records of the 3 acres and 78 cents lands comprised in Village S.No.369/2A from the revenue documents and record the name of the true legal heirs of late. Muthusamy Padaiyachi in the revenue documents within the time frame fixed by this Hon'ble Court.

For Petitioner : Ms.T.Dharani For Respondents :

Mr.G.Nanmaran Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner representation dated 21.12.2021 to conduct a proper enquiry and to remove the name of Ganapathy, S/o.Viswanathan in the revenue records of the 3 acres and 78 cents lands comprised in Village S.No.369/2A from the revenue documents and record the name of the true legal heirs of late. Muthusamy Padaiyachi in the revenue documents within the time frame fixed by this Court.

2. The learned Special Government Advocate takes notice to the official respondents. Since, no adverse orders is being passed against the Respondents, notice to the respondents is dispensed with.

3. The case of the petitioner is that the property was owned by his great grand fathers. Since, there was no issues the petitioner obtained property from them. However, the fifth respondent name who is no way connected with the property is wrongly added. Hence, the petitioner made a representation on 21.12.2021 to the respondents to conduct a proper enquiry for removing the name but, till now no orders have been passed. Hence, this writ petition is filed.

4. The learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the respondents to consider and pass orders on the petitioner's representation dated 21.12.2021 in accordance with law and pass appropriate orders within a particular time frame fixed by this Court.

5. The learned Special Government Pleader appearing on behalf of the respondent submits that the petitioner's representation dated 21.12.2021 will be considered by the Respondents within the time frame fixed by this Court.

6. Considering the facts and circumstances, the respondents are directed to consider the petitioner's representation dated 21.12.2021 and pass orders in accordance with law after providing opportunity of hearing to the 5th respondent within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Psa To 1.

The District Collector, Collectorate, Perambalur.

2.

The District Revenue Office, Collectorate, Perambalur.

3.

The Revenue Divisional Officer, Revenue Divisional Office, Perambalur.

4.

The Tashildar, Taluk Office, Veppanthattai.

+1cc to Ms.T.Dharani, Advocate, S.R.No.10233 W.P.NO.2752 OF 2022 GPL(CO) PBS/09/03/2022