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Madras High CourtWP/15402/2020disposed of

K.Vaiyapuri v. The District Collector

2020-11-04Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.11.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.15402 of 2020 1.K.Vaiyapuri 2.R.Vaiyapuri ...

Petitioners Vs 1.The District Collector, District Collector Office, Salem.

2. The Revenue Divisional Officer, Sankari Division, Sankari, Salem District.

3. The Tahsildar, Sankari Taluk, Sankari, Salem District.

...

Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioners dated 16.08.2018 and pass necessary and appropriate orders to correct the revenue records by changing the classification from Government Tharisu land and to include the names of the petitioners as pattadars in the patta and other revenue records in respect of the land in survey No.212/4 in measuring 1.41 acres in Theppakuttai Village, Sankari Taluk, Salem District.

For Petitioners :

Mr. P.Jagadeesan For Respondents :

Mr.S.N.Parthasarathi Government Advocate

ORDER

This Writ Petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 16.08.2018, wherein the petitioner has sought for change in the classification made in the revenue records pertaining to the subject property and to include the names of the petitioners as pattadars in the said property.

2. Mr.S.N.Parthasarathi, learned Government Advocate appearing on behalf of the respondents submitted that the 3rd respondent has already fixed a date for preliminary enquiry on 23.11.2020 at 11.00 a.m. The learned counsel submitted that the petitioners can be present at the time of enquiry along with all the relevant documents.

3.Taking into consideration the facts and circumstances of the case and also of the fact that the 3rd respondent has already called the petitioners for an enquiry, there shall be a direction to the 3rd respondent to proceed further with the preliminary enquiry and the 3rd respondent shall submit a report before the 1st respondent within a period of six weeks from the date of receipt of copy of this order. The 1st respondent on receipt of the report shall act upon the same and shall pass final orders within a period of six weeks thereafter. The petitioner is directed to give a fresh representation along with all the relevant documents and a copy of this order to the 3rd respondent. The petitioner shall shall also mark a copy of the same to the 1st respondent.

4.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The District Collector, District Collector Office, Salem.

2. The Revenue Divisional Officer, Sankari Division, Sankari, Salem District.

3. The Tahsildar, Sankari Taluk, Sankari, Salem District.

+1cc to Mr.P.Jagadeesan, Advocate Sr.35816 +1cc to the Government pleader Sr.35892 WP.No.15402 of 2020 spd[co] srg 04/12/2020