N.Elangovan v. Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN N.Elangovan ... Petitioner Vs.

1. Commissioner, Udumalpet Municipality, Udumalpet.

2. The District Revenue Officer, Tirupur.

3. The Revenue Divisional Officer, Office of Revenue Divisional Officer, Udumalpet.

4. The Tahsildar, Udumalpet.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th Respondent herein to rectify the mistake in Town Survey Land Register in T.S.No.55, Udumalpet by deleting the name of the 1st Respondent and include the 1/6

Petitioner's name, by considering the petitioner's representation dated 02.12.2022 within a time frame fixed by this Court. For Petitioner : Mr.C.Jagadish For Respondents : Mr.S.J.Mohamed Sathik Government Advocate

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the 4th Respondent herein to rectify the mistake in Town Survey Land Register in T.S.No.55, Udumalpet by deleting the name of the 1st Respondent and include the Petitioner's name, by considering the petitioner's representation dated 02.12.2022.

2. The petitioner is the owner of the shop No.1, situated in the petition mentioned property and ever since the date of purchase, he is in possession of the property. While so, when the petitioner proposed to mortgage the property for his business purpose, he came to know that in 2/6

the Adangal column, the name of the 1st respondent has been mentioned instead of the petitioner's name. Since there is an error apparent on the face of records, he made a representation before the 4th Respondent, viz., the Tahsildar, Udumalpet on 02.12.2022 to rectify the said mistake, but the same was not considered yet. Hence, this Writ petitioner.

3. Mr.S.J.Mohamed Sathik, learned Government Advocate takes notice for the respondents.

4. Having regard to the submissions made by the learned counsel on either side and since the Writ Petition is filed seeking a simple Writ of Mandamus, this Court without expressing any opinion with regard to the merits of the case, directs the 4th respondent to issue notice to the petitioner, interested parties/rival claimants/aggrieved parties/objectors if any, as the case may be and conduct enquiry in the manner known to law if 3/6

already no enquiry was conducted and pass orders on merits and in accordance with law if, already no final order is passed. The said exercise shall be completed within aperiod of eight weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 22.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No vum 4/6

To

1. Commissioner, Udumalpet Municipality, Udumalpet.

2. The District Revenue Officer, Tirupur.

3. The Revenue Divisional Officer, Office of Revenue Divisional Officer, Udumalpet.

4. The Tahsildar, Udumalpet.

5/6

P.VELMURUGAN. J.

vum W.P. No.7728 of 2024 22.03.2024 6/6