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Madras High CourtWP/13870/2023allowed

M.Thangarasu v. The Revenue Divisional Officer

2024-11-05Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :05.11.2024 THE HONOURABLE Ms. JUSTICE P.T. ASHA M.Thangarasu ... Petitioner Vs 1.The Revenue Divisional Officer, Mohanoor Road, Namakkal District, Namakkal.

2.The Tahsildar, Kollimalai Taluk,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 28.06.2019 to alter the entries regarding the total extent made in the Old S.No.138/2 and new S.No.770/2, Kollimalai Devanoornadu, Namakkal District. 1/5

For Petitioner :

Mr.SP.Yuvaraj For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader

ORDER

This Writ Petition is filed for a mandamus to issue a direction to the respondents to consider the representation of the petitioner dated 28.06.2019 to alter the entries regarding the total extent made in the Old S.No.138/2 and new S.No.770/2, Kollimalai Devanoornadu,

2. The petitioner is aggrieved by the fact that, during re-survey, new survey numbers were allotted and the extent of landholding had been reduced by about 80 cents. It is the case of the petitioner that he and others owned an extent of 6.28 acres in Old Survey No.138/2 in Patta No.1370 of Kollimalai Devanoornadu, Namakkal District. The survey number has now been changed as 770/2 and the patta has been issued for an extent of 5.48 acres as against original extent of 6.28 2/5

acres. Therefore, the petitioner made a representation on 28.06.2019 to the respondents to alter the extent of land in the new survey number. The District Collect, on receiving the representation, had directed the Sub Collector and the Assistant Director, Land Administration to take action on the petitioner's request. However, no action has been taken in this regard. Therefore, the petitioner has come forward with this writ for mandamus, as the statutory authorities have failed to discharge their statutory duties.

3. Heard the learned counsel on either side.

4. Taking into consideration the fact that a representation has been made as early as in the year 2009 to which steps have not been taken, a mandamus is issued to the respondents to consider the representation of the petitioner dated 28.06.2019 and pass orders within a period of eight weeks from the date of receipt of a copy of this order. 3/5

5. With the above directions, the Writ Petition stands allowed. There shall be no order as to costs.

05.11.2024 Index: Yes/No srn To 1.The Revenue Divisional Officer, Mohanoor Road, Namakkal District, Namakkal.

2.The Tahsildar, Kollimalai Taluk, 4/5

P.T.ASHA, J., srn 05.11.2024 5/5