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Madras High CourtWP/36228/2016disposed of

A.Govindasamy v. The District Collector

2022-11-02Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI A.Govindasamy ... Petitioner Vs.

1. The District Collector, Vellore, Vellore District.

2. The Revenue Divisional Officer, Ranipet, Vellore District.

3. The Tahsildar, Nemili Taluk Office, Nemili, Vellore District.

4. G.Venkatesan

5. V.Suresh ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the second respondent to consider and pass orders on the petitioner's representation dated 13.04.2016 with regard to change of entry of petitioner's name in the revenue records on the basis of the sale deed dated 10.02.1982 within a stipulated time as fixed by this Court.

For Petitioner : Mr.M.Ramdoss For R1 to R3 : Mr.U.Bharanidharan Additional Government Pleader 1/6

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the second respondent to consider and pass orders on the petitioner's representation dated 13.04.2016 with regard to change of entry of petitioner's name in the revenue records on the basis of the sale deed dated 10.02.1982 within a stipulated time as fixed by this Court.

2. Since no adverse order is being passed against the private respondents, notice to the private respondents is dispensed with.

3. The case of the petitioner is that he had purchased the property comprised in Survey No.413, ad-measuring an extent of 0.70 cent situated at No.23 Pudur Village, Nemili Taluk, Vellore District, vide Sale Deed, dated 10.02.1982, and registered as Doc.No.138/1982 on the file of Sub-Registrar Office, Kaveripakkam. Subsequent to the purchase of the aforesaid property, the petitioner is in possession and enjoyment of the said property. The petitioner's name has been entered in all the Revenue Records including Chitta and Adangal. The grievance of the petitioner is that, during re-survey conducted by the revenue officials, the fourth 2/6

respondent namely, one G.Venkatesan has falsely stated that he is the legal heir of the petitioner and believing his statement, the official respondents made entry in the Revenue Records in the name of fourth respondent. Further, the fourth respondent had executed a Sale Deed, dated 14.03.2008, in favour of fifth respondent/his son, vide Doc.No.1706 of 2008 on the file of the Sub Registrar Office, Kaveripakkam. Therefore, the petitioner made a representation dated 13.04.2016 before the second respondent, seeking for removal of the name of fourth and fifth respondents in the Revenue Records in respect of the aforesaid property and also to make entry in his name in the Revenue Records on the basis of Sale Deed, dated 10.02.1982. Inspite of receipt of such representation, the second respondent has not passed any order. Hence, the petitioner filed the present Writ Petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the second respondent to consider the petitioner's representation dated 13.04.2016 and pass orders on the same within a stipulated time that to be fixed by this Court. 3/6

5. The learned Additional Government Pleader appearing for the respondents 1 to 3 has no serious objection for the said order being passed.

6. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the respondents 2 and 3 to consider the petitioner's representation dated 13.04.2016 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well the private respondents herein, within a period of twelve weeks from the date of receipt of a copy of this order, if not already passed.

7. With the above observations and direction, this Writ Petition is disposed of. No costs.

02.11.2022 Speaking Order : Yes/ No Internet: Yes/ No jd 4/6

To

1. The District Collector, Vellore, Vellore District.

2. The Revenue Divisional Officer, Ranipet, Vellore District.

3. The Tahsildar, Nemili Taluk Office, Nemili, Vellore District.

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M.DHANDAPANI, J.

jd 02.11.2022 6/6