V.Sadaiyan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR V.Sadaiyan ... Petitioner vs.

1.The District Collector, Collectorate, Dharmapuri District.

2.The Revenue Divisional Officer, Harur Taluk, Dharmapuri District.

3.The Tahsildar, Harur Taluk, Dharmapuri District.

4.Anusuya 5.Shanthi ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 3rd Respondent to conduct inspection and to make transfer of the property in Survey No.111/1 admeasuring an extent of 1.23.50 Hectare situated at Chinnapannimaduvu Village, Harur Taluk, Dharmapuri District within a stipulated time frame as may be fixed by this Court.

For Petitioner : Mr.J.Pradeep 1/4

For R1 to R3 : Mr.A.Selvendran Special Government Pleader

O R D E R

This writ petition is filed seeking issue of Mandamus, directing the 3rd respondent to conduct inspection and to effect transfer of patta in respect of property situated in Survey No.111/1 admeasuring an extent of 1.23.50 Hectare in Chinnapannimaduvu Village, Harur Taluk, Dharmapuri District.

2. The main grievance of the petitioner is that the representation submitted by him dated 03.07.2024 seeking deletion of the names of respondents 4 and 5 from the revenue records and issue of patta in his name has not been considered. The petitioner claims that he and his predecessorin-interest have been in possession and enjoyment of the property situated in Survey No.111/1 with an extent of 1.23.50 hectares for quite long time and the names of the respondents 4 and 5 were entered in the revenue records erroneously. Therefore, the petitioner submitted a representation to the 3rd respondent dated 03.07.2024 seeking correction in the revenue records and the same has not been considered by the 3rd respondent. Therefore, the petitioner is before this Court.

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3. Mr.A.Selvendran, learned Special Government Pleader, who is taking notice for the respondents 1 to 3 would submit that the representation of the petitioner dated 03.07.2024 will be considered on its own merit by the 3rd respondent within the time fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 3rd respondent to consider the representation of the petitioner dated 03.07.2024 on its own merit and pass final orders, after issuing necessary notice to the respondents 4 and 5, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

21.08.2024 Index : Yes/No Speaking order:Yes/No dm 3/4

S.SOUNTHAR, J.

dm To 1.The District Collector, Collectorate, Dharmapuri District.

2.The Revenue Divisional Officer, Harur Taluk, Dharmapuri District.

3.The Tahsildar, Harur Taluk, Dharmapuri District.

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