K.Muniraj v. The District Revenue Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2021
CORAM:
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.NO.23255 OF 2019 K.Muniraj ... Petitioner .Vs.
1. The District Revenue Officer, District Collector Office, Krishnagiri - 635 115.
2. The Revenue Divisional Officer, Revenue Divisional Office, Krishnagiri District, Hosur - 635 109.
3. The Tashildar, Hosur Taluk Office, Krishnagiri District.
4. The Special Tahsildar, Adi Dravidar Welfare Department, Krishnagiri - 635 115.
5. The Village Administrative Officer, Village Administrative Officer, Moranappalli, Krishnagiri.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 25.06.2019 for rectifying the errors crept in, in the revenue records, in respect of lands to an extent of 0.74.0 Hectare comprised in Survey No.10/1, along with 0.75.5 Hectare in Survey No.11 and 0.21.0 Hectare in Survey No.13 situate at Moranappalli Village, Hosur Taluk, Krishnagiri District within a time frame.
For Petitioners : Mr.Sayed For Mr.R.Bharathkumar For Respondents : Mr.V.Veluchamy Government Advocate
ORDER
This writ petition has been filed for a Mandamus, to direct the first respondent to consider the petitioner's representation dated 25.06.2019 for rectifying the errors crept in, in the revenue records, in respect of lands to an extent of 0.74.0 hectare comprised in S.No.10/1 along with 0.75.5 Hectare in Survey No.11 and 0.21.0 Hectare in S.No.13 situated at Moranappalli Village, Hosur Taluk, Krishnagiri District within a time frame.
2. The case of the petitioner is that he belongs to Schedule Caste Community, the said lands were assigned to his grandfather under the Assignment of Depressed Class Persons and patta was also issued in the name of his grandfather and after the death of his grandfather, the legal heirs succeeded to his estate and were in joint possession and enjoyment of the said land by remitting necessary taxes and public dues and doing cultivation but however, the Revenue Authorities erroneously changed the Revenue Records from the Assignment to Depressed Class Persons to the Government Poromboke land in respect of the above said land which belonged to his grandfather without giving notice to him and to his family members.
3. The petitioners submits that he came to know about the same recently and hence, he gave a representation dated 25.06.2019 to all the respondents for rectifying the mistake crept in, but no action has been taken on the representation till date.
4. The petitioner have no other alternative remedy except to approach this Court under Article 226 of the Constitution of India. Hence, the writ petition filed.
5. The learned counsel appearing for the petitioner submits that the petitioner will be satisfied if a direction is issued to the first respondent to consider the petitioner's representation dated 25.06.2019 for rectifying the errors crept in, in the revenue records, in respect of lands to an extent of 0.74.0 Hectare comprised in S.No.10/1, along with 0.75.5 hectare in S.No.11 and 0.21.0 hectare in S.No.13 situated at Moranappalli Village, Hosur Taluk, Krishnagiri District within a time frame.
6. Heard, learned counsel for the petitioner and learned Government Advocate for the respondents and perused the materials available on record.
7. In view of the above facts and circumstances and considering the submissions mad by the petitioner, this Court directs the first respondent to consider the representation dated 25.06.2019 sent by the petitioner and pass appropriate orders after issuing notice to all the necessary parties in accordance with the law within a period of four months from the date of receipt of a copy of this order. However, it is made clear that the petitioner shall produce all the relevant documents to prove that he has inherited the above said property from his grandfather.
8. With the aforesaid directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gba/pam To 1.
The District Revenue Officer, District Collector Office, Krishnagiri - 635 115.
2.
The Revenue Divisional Officer, Revenue Divisional Office, Krishnagiri District, Hosur - 635 109.
3.
The Tashildar, Hosur Taluk Office, Krishnagiri District.
4.
The Special Tahsildar, Adi Dravidar Welfare Department, District Collector Office, Krishnagiri - 635 115.
5.
The Village Administrative Officer, Village Administrative Officer, Moranappalli, Krishnagiri.
+1cc to Mr.R.Bharathkumar, Advocate, S.R.No.48693 +1cc to the Government Pleader, S.R.No.49443 W.P.NO.23255 OF 2019 PM(CO) PBS/02/12/2021