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Madras High CourtWP/5527/2019disposed of

P.Govindaraj v. The District Collector

2019-02-26Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.5527 of 2019 and W.M.P.No.6292 of 2019

1. P.Govindaraj

2. Dhavamani

3. Bodichettiar

4. P.Raman

5. P.Sengodu

6. P.Rajendran ... Petitioners Vs.

1. The District Collector, O/o The District Collector, Villupuram District, Villupuram.

2. The District Revenue Officer, O/o District Revenue Officer, Villupuram Villupuram District.

3. The Revenue Divisional Officer, Kallakurichi, Villupuram District.

4. The Thasildar, Chinna Salem, Villupuram District.

5. The State, rep. by Inspector of Police Chinna Salem Police Station, Villupuram District.

... Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 2nd respondent herein to conduct enquiry by considering the representation preferred by the petitioners dated 14.02.2019 and rectify the mistake by deleting the note "NILAVIYAL PATHAI" in respect of land bearing Survey Nos.221A/1B2 and 221A/17B situated at Selliyampalayam Village, Royappanur Post, Chinna Salem Taluk, Villupuram District.

For Petitioners : Mr.M.Venkadeshan For Respondents : Mr.E.Balamurugan Special Government Pleader

O R D E R

Mr.E.Balamurugan, learned Special Government Pleader 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. The petitioners seek for a mandamus, directing the second respondent to consider the representation dated 14.02.2019, wherein and whereby, he sought for rectifying the mistake in classification of the subject matter property, which according to the petitioners is a private property, whereas, it is shown as pathway in the Revenue records.

3. Heard both sides.

4. The grievance of the petitioners before this Court is that the said representation has not been considered by the second respondent.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners, as it is for the second respondent to consider and decide the same. Accordingly, this writ petition is disposed of, only by directing the second respondent to consider the representation dated 14.02.2019 and pass orders on the same on merits and in accordance with law, after hearing all the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar mk

To

1. The District Collector, O/o The District Collector, Villupuram District, Villupuram.

2. The District Revenue Officer, O/o District Revenue Officer, Villupuram Villupuram District.

3. The Revenue Divisional Officer, Kallakurichi, Villupuram District.

4. The Thasildar, Chinna Salem, Villupuram District.

5. The Inspector of Police Chinna Salem Police Station, Villupuram District.

+1cc to Mr.M.Venkadeshan, Advocate SR.No.17426 +1cc to Government Pleader SR.No.18893 W.P.No.5527 of 2019 SV(CO) GMY(25/03/2019)