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Madras High CourtWP/2163/2025allowed

B.Karunakaran v. The District Collector

2025-01-29Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.2163 of 2025 B.Karunakaran .... Petitioner Vs 1.The District Collector O/o. Collectorate Office Kancheepuram Chengalpattu District.

2.The Revenue Divisional Officer Madurantakam Chengalpattu District.

3.The Revenue Commissioner Madurantakam Chengalpattu District.

4.The Tahsildar Cheyyur Taluk Chengalpattu District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent herein to consider the representation of the petitioner on 18.06.2024 with regard to 1/6

wrong entry made in favour of Ravi and Mohan instead of lawful owner viz., the petitioner herein in the revenue records i.e., patta, chitta and adangal in respect of the property situate at No.59, Vembanur Village, Cheyyur Taluk, Chengalpattu District, based on the sale deed dated 02.11.1989 with Document No.1278 of 1989 in the Office of SRO, Cheyyur. For Petitioner :

Mr.K.Jayaraman For Respondents :

Mr. P.Sathish Additional Government Pleader [R1 to R4]

ORDER

The writ petition is filed seeking a mandamus to the third respondent to consider the petitioner's representation dated 18.06.2024 to make necessary corrections in the revenue records.

2. The narration in the affidavit shows that though the petitioner resides at Chennai, he is the native of Cheyyur Taluk. He purchased the subject property at No.59, Vembanur Village, Cheyyur from one Janakiraman and Gopalakrishnan in the year 1989, and was in continuous ownership of the property for the past 35 years. When the petitioner had applied for encumbrance certificate in respect of the said property, it reflected that the 2/6

property was sold by Janakiraman and another in favour of one Ravi. Even the patta for the said property also stands in the name of Ravi. Therefore, the petitioner had made several representations to the respondents as early as June, 2022. He had also filed W.P.No.31327 of 2022 seeking for a similar relief now sought in this writ petition and that petition came to be allowed on 24.11.2022, directing the respondents therein to consider the claim of the petitioner. Pursuant to the order of this Court dated 24.11.2022, the petitioner was called for enquiry and he appeared before the Sub Collector on 25.04.2023, 08.8.2023 and 15.10.2023, but it evoked no response. Thereafter, he submitted yet another representation to the respondents herein on 18.06.2024 to make necessary correction in the entries made in the revenue documents with respect to the subject property. But no action was taken to date on his representation. Hence, the petitioner is before this Court.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader, who takes notice for the respondent.

4. Considering the limited request made by the petitioner and the fact that the respondents herein have not bothered to reply to the petitioner's 3/6

representation dated 18.06.2024, nor had taken action, a mandamus is issued to the third respondent to consider the representation of the petitioner dated 18.06.2024, after issuing notice to the parties interested, shall hold an enquiry and thereafter, proceed to pass orders within a period of eight weeks from the date of receipt of a copy of this order. No costs. 29.01.2025 Index : Yes/No Speaking order/non-speaking order ds 4/6

To:

1.The District Collector O/o. Collectorate Office Kancheepuram Chengalpattu District.

2.The Revenue Divisional Officer Madurantakam Chengalpattu District.

3.The Revenue Commissioner Madurantakam Chengalpattu District.

4.The Tahsildar Cheyyur Taluk Chengalpattu District.

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P.T.ASHA, J., ds 29.01.2025 6/6