D.Gunasekar v. The Thasildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN D.Gunasekar ... Petitioner versus 1.The Thasildar, Ambattur Taluk Office, Ambattur, Chennai - 600 053.
2.The Revenue Inspector, Korattur, Chennai - 600 080.
3.The Village Administrative Officer, Korattur, Chennai - 600 080.
.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing 1 to 3 respondents to consider and thereby, disposing the representations made by the petitioner on 21.03.2023 and 07.06.2023 to delete the wrong entry as industrial Estate Ambattur and register the petitioner name in the Chitta, Adangal, A Extract and other revenue records of the alleged Patta property in Chennai District, Ambattur Pg.Nos.1/6
Taluk, Ward - 07, Korattur Village, Ward - E, Block No.61, Survey No.36, measuring an extent of 225.0 sq.mt of land.
For Petitioner :
Mr.K.Yuvaraj For Respondents :
Mr.T.Arun Kumar Additional Government Pleader
O R D E R
Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the respondents. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing respondents 1 to 3 to consider and dispose of the petitioner's representations dated 21.03.2023 and 07.06.2023, wherein and whereby, the petitioner sought to delete the wrong entry made in Chitta, Adangal, 'A' Extract and other revenue records as Industrial Estate Ambattur and update the petitioner's name in respect of the property in Survey No.36, measuring an extent of 225.0 sq.mt of land, situated at Chennai District, Ambattur Taluk, Ward - 07, Korattur Village, Ward - E, Block No.61. Pg.Nos.2/6
3.The main grievance of the petitioner is that even though the representations have been made on 21.03.2023 and 07.06.2023, till date, the respondents have not taken any action on the said representations.
4. The learned Additional Government Pleader appearing for respondents submits that the first respondent/Thasildar has no authority to make changes in the Revenue Records as sought for by the petitioner, it is the Revenue Divisional Officer, who has to do the same. However, he submits that the representations of the petitioner would be considered in accordance with law by the authority concerned.
5. Since this writ petition is filed for Mandamus simpliciter, to direct the respondents to consider the representations of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the first respondent to consider the representations of the petitioner dated 21.03.2023 and 07.06.2023, after giving notice to the petitioner as well as rival claimants/interested parties/objectors if any, as the case may be, conduct enquiry in the manner known to law, and pass Pg.Nos.3/6
appropriate orders on merits and in accordance with law. If the first respondent has no authority to consider the representations of the petitioner, he has to refer the representations given by the petitioner to the competent authority, who shall pass orders on merits and in accordance with law. All such exercise shall be completed within a period three months from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
20.02.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.4/6
To 1.The Thasildar, Ambattur Taluk Office, Ambattur, Chennai - 600 053.
2.The Revenue Inspector, Korattur, Chennai - 600 080.
3.The Village Administrative Officer, Korattur, Chennai - 600 080.
Pg.Nos.5/6
P.VELMURUGAN, J.
ms 20.02.2024 Pg.Nos.6/6