M.Kaliamurthy(Deceased) v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2018

CORAM

THE HONOURABLE Mr. JUSTICE R.MAHADEVAN W.P. No. 4595 of 2010 and M.P. No.1 of 2010 M.Kaliamurthy (Deceased)

2. K.Chakaravarthi *

...Petitioner

* Substituted as legal heir of P1, M.Kaliamurthy, as per Order, dated 04.08.2018 Vs

1. The District Collector,

2. The Commissioner Jayakondam Panchayt Union, Jayakondam.

3. The Tahsildar, Udayarpalayam Taluk,

4. The President, Amanakathondi Village, Udayarpalayam Taluk,

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to correct the wrong entry made in the revenue records deleting the name of the 2nd respondent and include the name of the petitioner as owner in respect of the land comprised in S.No.125/2, Amanakathondi Village, Udayarpalayam Taluk, Ariyalur District and consequently not to interfere with the petitioners possession and enjoyment of the said property.

For Petitioner : Mr.C.Ethirajulu For Respondents : Mr.J.Ramesh, AGP for R1 & R3 M/s. Shanthi Rakkappan for R2 Mr.G.Pugazhenthi for R4

O R D E R

The prayer made in this writ petition is to direct the respondents to delete the name of the 2nd respondent and include the name of the petitioner in the revenue records, with respect to the land comprised in S.No.125/2, Amanakathondi Village, Udayarpalayam Taluk, Ariyalur District and for consequential relief.

2. When the matter was taken up for consideration, the learned counsel for the petitioner fairly submitted that due to efflux of time, the petitioner may be granted liberty to file a fresh representation before the authority concerned to ventilate his grievances, for which, the learned counsel appearing for the respective respondents have no serious objection.

3. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court disposes of this writ petition granting liberty to the petitioner to file a fresh representation before the authority concerned, within a period of two weeks from the date of receipt of a copy of this order. On such fling, the authority concerned shall consider the same and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner as well as any of the interested parties, within a period of three weeks, thereafter. No costs. Consequently, Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi2/jen To

1. The District Collector,

2. The Commissioner Jayakondam Panchayt Union, Jayakondam.

3. The Tahsildar, Udayarpalayam Taluk,

4. The President, Amanakathondi Village, Udayarpalayam Taluk, +1 cc to M/s.G.Ethirajulu, Advocate, S.R.No.85302 +1 cc to the Government Pleader, S.R.No.86281 W.P. No. 4595 of 2010 CP(CO) SSM(21/01/2019)