Subbaraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.845 of 2021 Subbaraj

...Petitioner

/Vs./ 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Aruppukottai Taluk, Virudhunagar District.

4.Amsaveni

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd Respondent herein to consider and dispose the representation dated 05.11.2020 within the stipulated period. For Petitioner : Mr.M.Jothibasu For Respondents : Mr.R.Ragavendran (R1 to R3) Government Advocate 1/4

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the revenue authorities to consider the representation made by the petitioner on 05.11.2020 and to remove the name of the fourth respondent's husband from the revenue records pertaining to the subject property in S.No. 82/2.

2. Heard Mr.M.Jothibasu, learned counsel for the petitioner and Mr.R.Ragavendran, learned Government Advocate for the official respondents.

3. The case of the petitioner is that he is the owner of the subject property by virtue of the registered sale deed dated 01.10.1982. According to the petitioner, the name of the husband of the fourth respondent was incorporated in the revenue records and whereas he has no such right over the subject property. In view of the same, the petitioner gave a representation to the respondents 1 to 3 to remove the name of the husband of the fourth respondent from the revenue records. Since the same was not considered, the present writ petition has been filed before this Court.

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4. Taking into consideration the facts and circumstances of this case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to consider the representation made by the petitioner on 05.11.2020, after issuing notice to the petitioner and the fourth respondent and final orders shall be passed on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

5. This writ petition is disposed with above directions. No costs. 10.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm TO:- 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Aruppukottai Taluk, Virudhunagar District.

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N.ANAND VENKATESH, J.

sm Order made in W.P.(MD)No.845 of 2021 Dated:

10.10.2023 4/4