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Madras High CourtWP/29571/2023disposed of

B.Santhiya v. The Collector

2023-10-12Honourable Mr Justice P. Velmurugan6 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.10.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN B.Santhiya ... Petitioner in both W.Ps versus 1.The Collector, Udhagamandalam, Nilgiris District - 643 001.

2.The Tahsildar, Coonoor Taluk, Coonoor, Nilgiris.

......Respondents in both W.Ps Prayer in W.P.No.29571 of 2023 :

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents more particularly the second respondent to expeditiously rectify the revenue records to reflect the name of the petitioner as the owner of 0.72 Acres (72 Cents) in (Old.S.No.175) New R.S.No.220/5 of Coonoor Rural Village, Coonoor Taluk, Nilgiris to effect sub division by giving separate survey number. Pg.Nos.1/6

Prayer in W.P.No.29574 of 2023 :

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents more particularly the second respondent to expeditiously rectify the revenue records to reflect the name of the petitioner as the owner of 0.21 Acres (21 Cents) in (Old Survey No.174 part) in R.S.No.220/3 and 4 Part (after sub-division S.No.220/3A1 and 4A1) in Coonoor Rural Village, Coonoor Taluk, Nilgiris to effect sub division for the land in her name.

For Petitioner : Mr.K.F.Manavalan in both W.Ps.

For Respondents : Mr.R.P.Murugan Raja Government Advocate in both W.Ps C O M M O N O R D E R Mr.R.P.Murugan Raja, learned Government Advocate takes notice for the respondents. By consent of both the parties these writ petitions are taken up for final disposal at the admission stage, itself.

2. The petitioner seeks for a mandamus directing the second respondent to expeditiously rectify the revenue records to reflect the name of Pg.Nos.2/6

the petitioner as the owner of 0.72 Acres (72 Cents) in (Old.S.No.175) New R.S.No.220/5 of Coonoor Rural Village, Coonoor Taluk, Nilgiris and also as the owner of 0.21 Acres (21 Cents) in (Old Survey No.174 part) in R.S.No.220/3 and 4 Part (after sub-division S.No.220/3A1 and 4A1) in Coonoor Rural Village, Coonoor Taluk, Nilgiris and to effect sub division for the lands in her name.

3. The learned counsel for the petitioner submitted that the petitioner is the absolute owner of the subject properties measuring an extent of 0.72 Acres (72 Cents) in (Old.S.No.175) New R.S.No.220/5 of Coonoor Rural Village, Coonoor Taluk, Nilgiris by virtue of the registered Settlement Deed dated 22.01.2016 (registered as Doc.No.122/2016 on the file of the SRO, Coonoor) and also measuring an extent of 0.21 Acres (21 Cents) in (Old Survey No.174 part) in R.S.No.220/3 and 4 Part (after sub-division S.No.220/3A1 and 4A1) in Coonoor Rural Village, Coonoor Taluk, Nilgiris by virtue of the registered Settlement Deed dated 25.04.2016 (registered as Doc.No.1015/2016 on the file of the SRO, Coonoor), respectively. Ever since she is in possession and enjoyment of the said properties. However, Pg.Nos.3/6

the name of the petitioner does not reflect in the revenue records and hence, the petitioner submitted a representation dated 25.11.2022 to the second respondent and sought for inclusion of her name in the Chitta and other revenue records with respect to the subject properties and the same was received on 12.12.2022. Despite receipt, no action was taken, hence, this Writ Petition. The learned counsel for the petitioner further submitted that it would suffice, if a direction is issued to the second respondent to consider the representation of the petitioner in accordance with law.

4. The learned Government Advocate appearing for the respondents submitted that the representation of the petitioner would be considered in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayers sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court direct the second respondent to consider the representation of the petitioner dated 25.11.2022 and pass orders, after Pg.Nos.4/6

conducting enquiry on merits and in accordance with law, after giving notice to the all interested parties within a period of three months from the date of receipt of a copy of this order. It is made clear that the second respondent is directed to adhere all the Rules contemplated under the law before passing the orders.

6. With these observations, these writ petitions are disposed of. There shall be no order as to costs.

12.10.2023 Speaking/Non-speaking order Index : Yes/No : Yes/No ms To 1.The Collector, Udhagamandalam, Nilgiris District - 643 001.

2.The Tahsildar, Coonoor Taluk, Coonoor, Nilgiris.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 12.10.2023 Pg.Nos.6/6