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Madras High CourtWP/17484/2021disposed of

M.Jothivel v. The District Collector

2021-08-19Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.NO.17484/2021 [Video Conferencing] M.Jothivel ... Petitioner

Versus

1. The District Collector The Collectorate Office Perambalur District.

2. The Tahsildar Kunnam Taluk Office Kunnam, Perambalur District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd respondent to correct SF.No.125/5 as SF.No.172/5 by considering the petitioner's representation dated 30.06.2021 as per law within time limitation.

For Petitioner :

Mr.D.Muthuselvam For Respondents :

Mr.K.M.D.Muhilan Government Advocate

ORDER

1. Mr.K.M.D.Muhilan, learned Government Advocate accepts notice on behalf of the respondents.

2. The petitioner had inherited the land in SF.No.172/5 in Athiyur Village, measuring about 4 cents in Perambalur District. The petitioner had inherited the said property from his father who had purchased the same by a registered Sale Deed on 17.12.1970 registered as Doc.No.2965/1970. His father died on 14.03.1983. Thereafter, the patta was mutated in the name of the https://hcservices.ecourts.gov.in/hcservices/

petitioner. At that time, he found that the survey number has been incorporated as SF.No.125/5 in stead of 172/5. In this connection, he had given a representation on 30.06.2021. The 1st respondent/District Collector, Perambalur, had also directed the 2nd respondent/Tahsildar, Kunnam Taluk Office, Kunnam, to examine the said representation by an order dated 12.07.2021. Since the 2nd respondent had not yet taken any action on the representation, the present writ petition has been filed.

3. It would only be appropriate that the petitioner makes a fresh application directly to the 2nd respondent/Tahsildar through online, pays necessary charges and on receipt of such representation, the 2nd respondent is to enquire the petitioner, examine the revenue records, enquire whether there are any rival claimants to Sf.No.172/5 and thereafter, do the necessary needful, at any rate, within a period of twelve weeks from the date of receipt of a copy of the fresh application from the petitioner.

4. The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar AP To 1.

The District Collector, The Collectorate Office, Perambalur District.

2.

The Tahsildar, Kunnam Taluk Office, Kunnam, Perambalur District.

+1cc to Mr.D.Muthuselvam, Advocate, S.R.No.41655 +1cc to the Government Pleader, S.R.No.42295 W.P.NO.17484/2021 KSM(CO) PBS/08/09/2021 https://hcservices.ecourts.gov.in/hcservices/