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Madras High CourtWP/28628/2022disposed of with direction

Muthusamy v. The District Collector

2022-10-31Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.28628 of 2022 Muthusamy

...Petitioner

Versus

1. The District Collector, Salem District.

2. The Thasildar, Ommalur Taluk, Salem District ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus by issuing necessary direction to the respondents to rectifying the error crept in " A Register" pertaining to the property situated in Survey No.97/3 Chettipatu Village, Ommalur Taluk, Salem District as " Tharisu" in furtherance of the petitioner's representation dated 01.02.2022 and pass orders. For Petitioner : Mr.A. Prabhakaran For Respondents : Mr.U. Bharanidharan, Additional Government Pleader

ORDER

By consent of both the parties this writ petition is taken up for disposal at the admission stage itself.

2. The petitioner has filed this writ petition to consider his representation dated 01.02.2022.

3. The case of the petitioner is that the subject property was originally owned by petitioner's father and his brothers Mr.Antony Muthu and Kolanthaisamy and a common patta was issued to them. After the demise of the petitioner's father the petitioner inherited his share of property and he was in enjoyment and possession of the same. Whileso there was error crept in "A" Register that the property owned by the petitioner was mentioned as "Tharisu" Hence the petitioner made a representation to the 2nd respondent herein on 16.11.2020. Pursuant to which the 2nd respondent vide his proceedings Na.Ka.3598/2021/A1 dated 08.01.2021 communicated that necessary action will be taken to rectify the said error. However the same was not considered. Hence the petitioner made a representation to the respondents on 01.02.2022, but the same was

not considered. Hence this petition.

4. The learned counsel for the petitioner submits that it would be suffice if this Court issues a direction to the respondents to consider his representation dated 01.02.2022.

5. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the case directs the respondents to consider the petitioner's representation dated 01.02.2022 and pass orders within a period of twelve weeks from the date of receipt of a copy of this order after affording an opportunity of personal hearing to the petitioner and other share holders of the subject property.

6. With the above observations this writ petition stands disposed of. No order as to costs.

31.10.2022 Index:Yes / No Speaking / Non-Speaking order smn M. DHANDAPANI, J.

smn To.

1. The District Collector, Salem District.

2. The Thasildar, Ommalur Taluk, Salem District W.P.No.28628 of 2022 31.10.2022