S.Rajkumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2022

CORAM

THE HONOURABLE MR. JUSTICE M. DHANDAPANI S. Rajkumar ... Petitioner

Versus

1.The District Collector Vellore District Collectorate Campus, Sathuvachari Vellore District - 632 009.

2.The Revenue Divisional Officer Vellore District Sathuvachari Vellore District - 632 009.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to consider the representation dated 03.03.2022 given by the petitioner to remove the wrong entries from the TSLR register in respect of Survey No. 1353/7 and 1/4

enter the name of V.Sundaramurthy as per the order passed in O.S.No. 567 of 1980 and to transfer the patta in the name of legal heirs of Sundaramurthy.

For Petitioner : Mr. D. Rajagopal For Respondents : Ms. Akila Rajendran Government Advocate ---

O R D E R

This writ petition is filed for the issuance of Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 03.03.2022.

2. The case of the petitioner is that the property situated at Old Door No.42, Reddiyappan Street, Kosapet, Vellore-632 001, comprised in Survey No.1353 measuring to a total extent of 575 sq.m. (6189.30 sqft) was originally belonged to the petitioner's grandfather, namely, V.T. Veerabathra Mudaliar. After his demise, the petitioner's father, namely, V.Sundaramurthy, filed a suit in O.S.No. 557 of 1980 before the Principal Sub Court, Vellore and all the legal-heirs of the petitioner's 2/4

grandfather were parties to the suit. Pursuant to the same, preliminary decree was passed on 27.03.1982 and final decree was also passed on 23.11.1989. As per the final decree, the above mentioned property was divided into five shares. Based on the same, the petitioner's father was in possession and enjoyment of the property allotted to him in partition "A" schedule. After the demise of the petitioner's father, when verification of the records would show that the petitioner came to know there are wrong entries, namely, the name of the petitioner's father's brother's name found in TSLR Register instead of "V.Sundaramurthy" and it is also found that "Round Well" instead of "House with well and vacant land" found in TSLR Register. In this regard, the petitioner sent a representation on 03.03.2022 before the respondents, but the respondents have not taken any steps on the representation of the petitioner. Hence the petitioner has come forward with the present writ petition.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the 2nd respondent to consider the petitioner's representation dated 03.03.2022 and dispose of the same within a stipulated time that may be framed by this Court. 3/4

4. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation, the Writ Petition is disposed of, with a direction to the 2nd respondent to consider the petitioner's representation dated 03.03.2022 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

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To 1.The District Collector Vellore District Collectorate Campus, Sathuvachari Vellore District - 632 009.

2.The Revenue Divisional Officer Vellore District Sathuvachari Vellore District - 632 009.

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M.DHANDAPANI,J.

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