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Madras High CourtWP/13096/2020disposed of

S.Maruthachalam v. The Assistant Commissioner

2020-09-23Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.09.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH WP.No.13096/2020 S.Maruthachalam ...

Petitioner

Versus

1.The Assistant Commissioner Coimbatore Corporation Corporation South Zone Kuniamuthur [Post] Coimbatore 641 008.

2.The Tahsildar No.44C, Siruvani Main Road Coimbatore South Perur Taluk Perur 641 010, Coimbatore District.

3.The Inspector of Police D4, Kuniamuthur Police Station Coimbatore.

4.Mr.Shanmugam Sub Inspector of Police D4 Kuniamuthur Police Station Coimbatore.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 09.07.2020 relating to his properties at Kuniyamuthur Village, Coimbatore District comprised in Survey No.245 for an extent of 30 cents. For Petitioner :

Mr.B.Manimaran For Respondents :

Mr.S.N.Parthasarathi, GA for RR2&3

ORDER

(1)This writ petition has been filed for the issue of a writ of mandamus directing the respondents 1 and 2 to consider the representation made by petitioner on 09.07.2020 wherein the petitioner is objecting to the 4th respondent from getting the revenue records transferred in his name.

(2)The case of the petitioner is that the subject property was originally owned by the grandfather of the petitioner. Subsequent to his death, the petitioner and other legal heirs are in possession and enjoyment of nearly 30 cents. The grievance of the petitioner is that the 4th respondent, using his position, is attempting to modify the revenue records by incorporating his name. The petitioner gave a representation in this regard on 04.08.2020. The apprehension of the petitioner is that the revenue records will be changed without giving notice to the petitioner.

(3)Heard the learned counsel for the petitioner and Mr.s.N.Parthasarathi, learned Government Advocate accepting notice on behalf of respondents 2 and 3.

(4)Taking into consideration, the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 2nd respondent to issue notice to the petitioner as and when any claim is made by the 4th respondent to get the revenue records transferred in his name. The 2nd respondent shall give sufficient opportunity to the petitioner before passing any final orders. (5)This writ petitions is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Assistant Commissioner, Coimbatore Corporation, Corporation South Zone, Kuniamuthur [Post], Coimbatore 641 008.

2.The Tahsildar, No.44C, Siruvani Main Road, Coimbatore South Perur Taluk, Perur 641 010, Coimbatore District.

3.The Inspector of Police, D4, Kuniamuthur Police Station, Coimbatore.

4.Mr.Shanmugam, Sub Inspector of Police, D4 Kuniamuthur Police Station, Coimbatore.

+1cc to Mr.B.Manimaran, Advocate Sr.31216 +1cc to the Government Pleader Sr.31288 WP.No.13096/2020 ajs[co] srg 05/11/2020