S.Somasundaram v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.10999 of 2022 S.Somasundaram
...Petitioner
Vs.
1.
The District Collector, Office of the District Collector, Vellore District, Vellore.
2.
The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Gudiyattam Division, Gudiyattam Town.
3.
The Thasildar, Office of the Thasildar, Gudiyatham Taluk, Vellore District. ...Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 & 3 to rectify the mistakes crept in the revenue records in respect of the property of Land Survey No.18/5 Hectare 0.19.5, Survey No.31 Hectare 0.15.5 and Survey No.30/3 Hectare 0.08.0 situated at Melmuttukur Village, Gudiyattam Taluk Vellore District by the consideration of the petitioner's representations dated 16.09.2019, 02.07.2020 and 08.03.2022 within the period that may be stipulated by this Hon'ble Court. For Petitioner : Mr.S.Arivazhagan For Respondents : Mr.P.Sathish, AGP.
O R D E R
The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the 2nd and 3rd respondents to consider the petitioner's representations dated 16.09.2019, 02.07.2020 and 08.03.2022 and rectify the error crept in the revenue records inrespect of the petitioner's property.
2.Learned Additional Government Pleader takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this petition is taken up for final disposal.
3.The case of the petitioner is that, the properties comprised in S.No.18/5 Hectare 0.19.5, S.No.30/2 Hectare 0.25.5, S.No.31 Hectare 0.15.5 and Survey No.30/3 Hectare 0.08.0 situated at Melmuttukur Village, Gudiyattam Taluk Vellore District belongs to petitioner and his two brothers and Patta inrespect of the above said properties were also issued in favour of the petitioner and his brothers. Whileso, the petitioner came to know that the lands comprised in S.Nos.18/5 & 31 were wrongly classified as Natham land and further, petitioner's and his brothers' names were omitted in the revenue record inrespect of the above said lands. Therefore, the petitioner and his brothers made a representation dated 16.09.2019 before the 1st respondent, however, no action has been initiated by the 1st respondent.
Thereafter, the petitioner made a representation dated 02.07.2020 before the 3rd respondent, however, the same was not considered by the 3rd respondent. Finally the petitioner sent a representation dated 08.03.2022 before the 2nd respondent, however, no orders have been passed on the said representation. Aggrieved by the inaction of the respondents, the petitioner sent a lawyers notice dated 31.03.2022 to the respondents, requesting to correct the mistakes crept in the revenue records inrespect of the subject properties, however, till date, there was no response from the respondents. Hence, this Writ petition. 4.Though very many grounds have been raised, learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the 2nd & 3rd respondents to consider the petitioner's representations dated 16.09.
2019, 02.07.2020 and 08.03.2022 on merits and rectify the errors in the revenue records inrespect of the subject property as early as possible.
5. Learned Additional Government Pleader appearing on behalf of the respondents has no serious objection for said order being passed and he fairly conceded that the petitioner's representations dated 16.09.2019, 02.07.2020 and 08.03.2022 will be considered and appropriate orders will be passed in accordance with law, within the time frame that may be fixed by this Court.
6.In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, issues direction to the 3rd respondent to consider the petitioner's representation dated 02.07.2020 on merits and pass appropriate orders in accordance with law within a period of eight weeks
from the date of receipt of a copy of this order.
7. This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar skt To 1.
The District Collector, Office of the District Collector, Vellore District, Vellore.
2.
The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Gudiyattam Division, Gudiyattam Town.
3.
The Thasildar, Office of the Thasildar, Gudiyatham Taluk, Vellore District.
+1cc to Mr.S.Arivazhagan, Advocate, S.R.No.32406 +1cc to the Government Pleader, S.R.No.33058 W.P.No.10999 of 2022 PA(CO) RGA(06/07/2022)