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Madras High CourtWP/25576/2021disposed of

R.Natesan v. The Distirct Collector

2021-12-02Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.25576 OF 2021 R.Natesan

...Petitioner

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

2.The District Revenue Officer, Salem.

3.The Revenue Divisional Officer, Office of Revenue Divisional, 4.The Tahsildar,

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the fourth respondent in C.Pa.No.46/2020(K) dated 30.07.2021 and quash the same and consequentially issue direction directing the concern respondents to consider the petitioner representation dated 13.02.2020.

For Petitioner :

Mr. R. Marudhachalamurthy For Respondents :

Mr.P.Baladhandayutham Special Government Pleader

O R D E R

This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the fourth respondent in C.Pa.No.46/2020(K) dated 30.07.2021; quash the same and consequentially issue direction to the concerned respondents to consider the petitioner's representation dated 13.02.2020.

2. Heard, Mr.R.Marudhachalamurthy, learned counsel appearing for the petitioner and Mr.P.Baladhandayutham, learned Special Government Pleader appearing for the respondents.

3. The petitioner challenged the order passed by the third respondent dated 30.07.2021, thereby dismissing the representation made by the petitioner to remove the wrong entries made in his patta, the land comprised in survey No.86/1A and directed the petitioner to approach the second respondent for the said relief. When the petitioner made an application to delete the wrong entry made in the patta, it was not considered. Therefore, the petitioner approached this Court in W.P.No.9631 of 2020 and this Court, by an order dated 27.07.2020, directed the fourth respondent to pass orders on the petitioner's representation dated 13.02.2020. However, the fourth respondent rejected the same, as if it has no jurisdiction.

4. Considering the above, the petitioner is directed to make a fresh representation before the second respondent and on receipt of the same, the second respondent is directed to issue notice to the petitioner and the counter parties, if any and also call for the records from the fourth respondent and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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

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

2.The District Revenue Officer, Salem.

3.The Revenue Divisional Officer, Office of Revenue Divisional,

4.The Tahsildar, +1cc to M/s.R.Marudhachalamurthy, Advocate SR.No.62897 +1cc to the Government Pleader SR.No.63469 W.P.No.25576 of 2021 SJ(CO) RVM(16/12/2021)