P.Pitchai, S/O.Perumal v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.03.2017
CORAM
THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.32859 of 2016 P.Pitchai
...Petitioner
Vs 1.The District Collector Perambalur District Perambalur.
2.The Revenue Divisional Officer Perambalur Revenue Divisional Office Perambalur District.
3.The Tahsildar Veppanthattai Taluk Office Perambalur District.
4.The Village Administrative Officer Veppanthattai Village Office Perambalur District.
5.Veeramalai 6.Mrs.Jothi ... Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to consider the petitioner representation dated 26.08.2016 for conducting an enquiry and deleting the name of P.Pitchai and Nallpoovan in the landed properties comprised in New Survey Nos.556/3 and 556/4 and old Survey No.1209/8 and 1209/9 measuring 0.26 cents and Acre 1.07 cents situated at Veppanthattai Village and Taluk, Perambalur District. For Petitioner :
Mr.K.Kannan For Respondents 1 to 4 :
Mr.R.S.Selvam Government Advocate
O R D E R
By consent, this writ petition is taken up for final disposal.
2. The petitioner would state that he is the absolute owner of the properties in S.Nos.1257/6, 1257/9, 1257/12, 1257/3, 1257/4, 1209/7, 1209/8, 1257/10, 1257/5 situated at Veppanthattai Village and Taluk, Perambalur District by way of registered Will dated 27.01.1973 in Document No.2 of 1973, registered on the file of the Sub Registrar, Perambalur. While so, the petitioner would further state that, after the demise of his father, when he requested to transfer his name in the revenue records, to his shock and surprise, the land comprised in New Survey Nos.556/3, 556/4 and old Survey No.1209/8 and 1209/9, which were in his father's name were now stands in the name of one P.Pitchai and Nallapoovan. The petitioner submits that the 3rd respondent herein had already issued chitta and adangal to the above said disputed property in his name.
In this regard, the petitioner has sent a representation dated 26.08.2016 to the third respondent requesting him to conduct an enquiry and to delete the names of P.Pitchai and Nallpoovan in the revenue records for the above said land. Since, no orders have been passed, the petitioner is before this Court with this writ petition.
3. Heard the submission of Mr.K.Kannan, learned counsel appearing on behalf of the petitioner and Mr.R.S.Selvam, learned Government Advocate, who accepts notice on behalf of the respondents 1 to 4. Despite service of notice to the 5th and 6th respondent, none appeared.
4.Considering the facts and circumstances of the case and in view of the limited prayer sought for by the petitioner in this Writ Petition, there shall be a direction to the third respondent to consider the petitioner's representation dated 26.08.2016 and pass orders in accordance with law within a period of six weeks from the date of receipt of copy of this order after giving notice to the fifth and sixth respondents. 5.With the above observation, the Writ Petition is disposed of. No Costs.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar
To 1.The District Collector Perambalur District Perambalur.
2.The Revenue Divisional Officer Perambalur Revenue Divisional Office Perambalur District.
3.The Tahsildar Veppanthattai Taluk Office Perambalur District.
4.The Village Administrative Officer Veppanthattai Village Office Perambalur District.
+1cc to Mr.K.Kannan, Advocate SR.No.18476 +1cc to Government Pleader SR.No.18322 W.P.No.32859 of 2016 NGN(CO) GN(07/04/2017)