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Madras High CourtWP/3872/2022disposed of

Balusamy v. The Collector

2022-02-25Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No.3872 of 2022 Balusamy ..Petitioner

Versus

1. The Collector, Tiruppur District, Tiruppur.

2. The Revenue Divisional Officer, Tiruppur,Tiruppur District.

3. The Sub Registrar, (*)Avinashi, Tiruppur District.

4. Sivagami

5. Govindasamy

6. Buvaneshwari ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider and pass order on the representation of the petitioner dated 06.12.2021 and remove the names of the respondents 4 to 6 from the revenue records of the petitioner's property in S.No.17/1B to the extent of 2.04 acres situated at Kaniyampondi Village, Avinasi Taluk, Thiruppur District.

For Petitioner : Mr.S.Doraiswamy For Respondents: Mr.T.Chezhiyan Additional Government Pleader

O R D E R

The present writ petition has been filed to direct the respondents 1 and 2 to consider the representation of the petitioner dated 06.12.2021 and remove the names of the respondents 4 to 6 from the revenue records of the petitioner's property in S.No.17/1B to the extent of 2.04 acres situated at Kaniyampondi Village, Avinasi Taluk, Thiruppur District.

2. Since no adverse orders have been passed against the 4th, 5th and 6th respondents, notice to the above respondents are dispensed with.

3.The case of the petitioner is that petitioner is the original owner of the property in S.No.17 to the extent of 8.16 acres situated at Kaniyampondi Village, Avinasi Taluk. Subsequently, the respondents 4 to 6 was wrongly impleaded in the revenue records. Objecting the same for removal of the wrong entry made in the revenue records, the petitioner made a representation dated 06.12.2021 before the respondents 1 to 3. However, till date, no orders have been passed. Aggrieved by the same, this Writ Petition has been filed with the above said prayer.

4.The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents 1 and 2 to consider the petitioner's representation dated 06.12.2021 within the stipulated time that may be fixed by this Court. 5.The learned Additional Government Pleader submitted that the petitioner's representation will be considered by the respondents and appropriate orders will be passed within the time stipulated by this Court.

6.Considering the facts and circumstances of the case and the limited request sought for by the petitioner, this Court directs the respondents 1 and 2 to consider the petitioner's representation dated 06.12.2021 and pass appropriate orders on merits and in accordance with law, after affording opportunity of hearing to the aggrieved party, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the aforesaid directions, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) (24.03.2022) *Corrected as per order of this Court dated 29.04.2022 made in WMP.No.10823 of 2022 in W.P.No.3872 of 2022 Sd/- Assistant Registrar(CS-IX) (02.06.2022) //True Copy// Sub Assistant Registrar nti/Anu

To

1. The Collector, Tiruppur District, Tiruppur.

2. The Revenue Divisional Officer, To be substituted Tiruppur, the order Already Tiruppur District. Despatched on 04.04.2022

3. The Sub Registrar, (*)Avinashi, Tiruppur District.

+1cc to Mr.S.Doraisamy, Advocate SR.No.30391 +1cc to the Government Pleader, SR.No.13361 W.P. No.3872 of 2022 JP-II(CO) CB(25/03/2022) RGA(03/06/2022)