S R V Narayanan, v. The Sub - Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.6906 of 2022 S R V Narayanan ... Petitioner Vs.

1.

The Sub-Collector, Chidambaram Division, Chidambaram, Cuddalore District.

2.

Sivagami Ammal 3.

Manivasagan 4.

Prabhachandran ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent herein to pass order on petitioner representation dated 19.11.2020 for making correction of the revenue records within the time fixed by this Hon'ble Court.

For Petitioner :

Mr.B.Dhanasekaran For Respondent R1 :

Mr.A.Anandan Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the 1st respondent to consider the petitioner's representation dated 19.11.2020 and pass orders on the same within the time fixed by this Court.

2. The learned Government Advocate appearing on behalf of the 1st respondent takes notice on behalf of the official respondent. In view of the limited relief sought for in this

petition and on the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.

3. Since no adverse order is being passed as against the private respondents, notice to the private respondents is dispensed with.

4. The case of the petitioner is that, he claims to be the owner of the property comprised in Survey No.137, measuring an extent of 100 cents situated at Kaspa Alampadi Village, Bhuvanagiri Taluk, Cuddalore District and he is in possession and enjoyment of the said property. While so, during the sale and purchase transactions, there occurred some errors in the name to be reflected in the patta in respect of the 100 cents owned by the petitioner. Therefore, for correcting the mistakes occurred in the revenue records, the petitioner made a representation dated 19.11.2020 before the 1st respondent as per the advice of the Officials in the Tashildar office, however, till date no order has been passed on the same. Hence, the present Writ petition is filed.

5. Though very many grounds have been raised, learned counsel for the petitioner fairly submitted that, it would suffice if this Court grants liberty to the petitioner to file appropriate representation before the Tashildar for correcting the error occurred in the Revenue records.

6. Learned Government Advocate appearing on behalf of the 1st respondent has no serious objection for the said order being passed.

7. In view of the above submission, as the 1st respondent is not the competent authority to make appropriate corrections in the revenue records, this Court without expressing any opinion on the merits of the case, grants liberty to the petitioner to file a fresh representation before the Jurisdiction Tahsildar along with a copy of this Order and if such representation is made, the Jurisdictional Tahsildar is directed to consider the same on merits and pass appropriate orders in accordance with law within a period of eight weeks thereafter, after providing opportunity of hearing to the petitioner as well as the aggrieved persons, if any.

8. With the above direction, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar skt To 1.

The Sub-Collector, Chidambaram Division, Chidambaram, Cuddalore District.

+1cc to M/s.B.Manoharan, Advocate, S.R.No.20460 W.P.No.6906 of 2022 PMK(CO) SU(08/04/2022)