A.Balakrishnan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR A.Balakrishnan ... Petitioner Vs 1.The District Collector, Chennai District, No.67, Rajaji Salai, Chennai - 600 01.
2.The Tahsildar, Mambalam - Guindy (Taluk Office), Bharathidasan Road, West Jafferkhanpet, Chennai - 600 083.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 11.08.2022 followed up by the reminder dated 26.09.2022, and there by correcting/rectifying the name from Vijayakumar to A.Balakrishnan (name of the petitioner) in the column "Adangal" of the Online Extract from the Permanent Land Register Record, in respect of the petitioner's land situated at the Door No.104, Virugambakkam Village, Survey No.209/2, Rukmani Ammal Street, Chennai.
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For Petitioner : Mr.S.Sarath Kumar For Respondents : Mr.R.P.Muruganraja Government Advocate
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 11.08.2022 followed by the reminder dated 26.09.2022, and thereby correcting/rectifying the name from Vijayakumar to A.Balakrishnan (name of the petitioner) in the column "Adangal" of the Online Extract from the Permanent Land Register Record, in respect of the petitioner's land situated at the Door No.104, Virugambakkam Village, Survey No.209/2, Rukmani Ammal Street, Chennai.
2. In respect of a property which according to the petitioner, he has purchased by Document No.829/1984 on the file of the Virugambakkam Sub Registrar, it is the claim of the petitioner that when extract from the permanent Land Register has been obtained, it was noticed by the petitioner that instead of the name of the petitioner one Vijayakumar name has been mentioned, therefore in order to cancel the said name and to record the name of the petitioner in the land records, the petitioner had given a representation 2/5
to the respondents on 11.08.2022 and in order to consider the said representation, the petitioner has moved the present writ petition.
3. Heard Mr.S.Sarath Kumar, learned counsel appearing for the petitioner and Mr.R.P.Muruganraja, learned Government Advocate appearing for the respondents.
4. The learned Government Advocate for the respondents would submit that already the name of one third party viz., Vijayakumar has been recorded in the extract from the permanent Land Register, if at all that is to be removed, the representation to that effect in this regard given by the petitioner dated 11.08.2022 would be considered after giving notice to both the petitioner as well as the third party viz., Vijayakumar and accordingly it would be decided by the 2nd respondent within a time frame on merits that may be stipulated by this Court.
5. Considering the said submission made by the learned counsel for both sides especially the stand taken by the learned Government Advocate for the respondents, this Court is inclined to dispose of this writ petition 3/5
with the following orders:
There shall be a direction to the 2nd respondent to consider the representation of the petitioner dated 11.08.2022 and after giving notice to both the petitioner as well as the third party viz., Vijayakumar let the said representation of the petitioner be decided on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
6. With this direction, this Writ Petition is disposed of. No costs. 13.12.2022 Index : Yes / No Speaking Order : Yes / No Sgl To 1.The District Collector, Chennai District, No.67, Rajaji Salai, Chennai - 600 01.
2.The Tahsildar, Mambalam - Guindy (Taluk Office), Bharathidasan Road, West Jafferkhanpet, Chennai - 600 083.
R. SURESH KUMAR, J.
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Sgl W.P.No.32548 of 2022 13.12.2022 5/5