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Madras High CourtWP/19728/2021disposed of

R.Manimegalai v. The District Collector

2021-11-19Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2021

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.19728 of 2021 R.Manimegalai ... Petitioner Vs

1. The District Collector, Collectorate, Salem 636 001,

2. The Revenue Divisional Officer, Sankari 637 001,

3. The Tahsildar, Sankari Taluk, ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents, particularly, the third respondent to restore the mutation entries in the revenue records relating to S.F.No.130/2, A.Puthur Village, Sankari Taluk, Salem District to its original position, in compliance with the order in Mu.Mu.No.3416/2020/C dated 05.02.2021 passed by the second respondent, by considering the petitioner's representations dated 29.04.2021, 01.07.2021 and 07.08.2021.

For Petitioner : Mr.N.Manokaran For Respondents : Mr.A.Selvendran, Special Government Pleader

ORDER

This writ petition is filed to issue a Writ of Mandamus directing the respondents, particularly, the third respondent to restore the mutation entries in the revenue records relating to S.F.No.130/2, A.Puthur Village, Sankari Taluk, Salem District to

its original position, in compliance with the order in Mu.Mu.No.3416/2020/C dated 05.02.2021 passed by the second respondent, by considering the petitioner's representations dated 29.04.2021, 01.07.2021 and 07.08.2021.

2. The petitioner filed petition before the second respondent to cancel the sub-division made in the property comprised in survey Nos.130/2B, 130/2C, 130/2D situated at Vazhakuttai Thottam, A.Pudhur Village, Kuthampalayam Post, Sankari Taluk, Salem District before the second respondent. On receipt of the same, the second conducted enquiry and pass orders on 05.02.2021, thereby allowed the appeal filed by the petitioner and directed the third respondent to cancel the subdivision and issue patta in favour of the petitioner. So far, counter party did not file any appeal aggrieved by the order passed by the second respondent dated 05.02.2021. Even then, the third respondent did not comply with the order passed by the second respondent and as such the petitioner filed this writ petition for direction directing the third respondent to comply with the order passed by the second respondent.

3. Considering the above, the third respondent is directed to restore the mutation entries in the revenue records in respect of the property comprised in SF.No.130/2, A.Puthur Village, Sankari Taluk, Salem District to its original position in compliance with the order passed by the second respondent dated 05.02.2021 within a period of four weeks from the date of receipt of copy of this order.

4. With the above direction, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar lok To

1. The District Collector, Collectorate, Salem 636 001,

2. The Revenue Divisional Officer, Sankari 637 001,

3. The Tahsildar, Sankari Taluk, +1cc to Mr.N.Manokaran, Advocate, S.R.No.60076 +1cc to the Government Pleader, S.R.No.60275 WP.No.19728 of 2021 PL(CO) CT 02/12/2021