Mrs.Arumugam, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.2791 OF 2017 AND W.M.P.NO.2726 OF 2017 Arumugam ... Petitioner .Vs.

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Tahsildar, Gummudipoondi Taluk, Thiruvallur.

3. The Village Administrative Officer, Aathampakkam Village, Gummudipoondi Taluk, Thiruvallur District.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 19.01.2017 and consequently rectify the error in there with regard to the area of lands assigned to the petitioner in S.No.464A of Athupakam Village, Gummudipoondi Taluk, Thiruvallur District.

For Petitioner :

Mr.E.J.Ayyapan For Respondents :

Mr.P.Balathandayutham Special Government Pleader

ORDER

This writ petition is filed to issue a Writ of Mandamus to direct the respondents 1 to 3 to consider the petitioner's representation dated 19.01.2017 and consequently rectify the error therein with regard to the area of lands assigned to the petitioner, comprised in S.No.464 A, situated at Athupakam Village, Gummudipoondi Taluk, Thiruvallur District.

2. The petitioner made a representation on 19.01.2017 to rectify the error with regard to the area of land assigned to the petitioner comprised in S.No.464 A, situated at Athupakam Village, Gummudipoondi Taluk, Thiruvallur District to the third respondent. However, the land comprised in S.No.464 A of an extent of 0.01 acre of Manavari land, situated at Athupakkam Village, Gummudipoondi Taluk, Thiruvallur District, was originally registered under patta No.52 in the name of S.Perumal Reddy in the old Revision Survey and Resettlement Register of said Village and extent of 0.00.5 hectares in S.No.464/A now stands registered in the name of M.Arumugam in patta No.50 as per the existing Up-Dating Registry Scheme Accounts. Thus, the petitioner has encroached a portion of the land comprised in S.No.

25/A which is classified as "Vandi Pathai" (cart track) poramboke which is classified as located abutting on the Northern side of his patta land in S.No.464/A. The encroachment made by him was already evicted. Thereafter, the petitioner made the representation for rectification of area recorded in S.No.464/A.

3. In view of the above facts and circumstances of the case, the representation of the petitioner cannot be directed to consider in the Writ Petition filed under Article 226 of the Constitution of India and the Writ Petition is devoid of merits. Accordingly, this Writ Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kv

To 1.

The District Collector, Thiruvallur District, Thiruvallur.

2.

The Tahsildar, Gummudipoondi Taluk, Thiruvallur.

3.

The Village Administrative Officer, Aathampakkam Village, Gummudipoondi Taluk, Thiruvallur District.

+1cc to the Government Pleader, S.R.No.4043 W.P.NO.2791 OF 2017 PL(CO) PBS/07/02/2022