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Madras High CourtWP(MD)/828/2021disposed of

Selvi.A v. The District Collector

2023-10-10Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.828 of 2021 A.Selvi

...Petitioner

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

2.The Tahsildar, Trichy West Taluk, Trichy District.

3.Rajendran

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to remove the name of the father of the 3rd respondent namely Kamatchi in the Revenue Records of the property in T.S.No.60, situated at Uyyakondan Thirumalai, KoAbishekapuram Division Trichy West Taluk, Trichy District and update the petitioner's name in the Revenue Records as per the registered sale deed vide Doc.No.2790/2020 dated 17.06.2020 before the Sub Registrar Office, Woraiyur, Trichy District, based on the petitioner's representation dated 06.08.2020. 1/4

For Petitioner : Ms.R.Yamuna For Respondents : Mr.K.S.Selvaganeasn (R1 & R2) Additional Government Pleader Mr.L.Shaji Chellan (R3)

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the respondents 1 and 2 to act upon the representation made by the petitioner on 06.08.2020 and to remove the name of the third respondent's father from the revenue records and to include the name of the petitioner in the revenue records pertaining to the subject property.

2. When the matter was taken up for hearing, the learned Additional Government Pleader appearing on behalf of the official respondents submitted that the second respondent has already conducted survey in the subject property.

3. In the considered view of this Court, the second respondent will have to intimate the petitioner as to whether the name of the third respondent's father can be removed from the revenue records and the name of the petitioner can be incorporated with respect to subject property. Since the survey has already been conducted by the second respondent, it will be more clearer for the second 2/4

respondent to either incorporate the name of the petitioner in the revenue records or refuse to remove the name of the third respondent's father from the revenue records and assign necessary reasons while passing such an order. Only if such an order is conveyed to the petitioner, the petitioner will be able to workout his remedy.

4. In view of the above, there shall be a direction to the second respondent to pass orders on the representation made by the petitioner on 06.08.2020 and convey the same to the petitioner within a period of four weeks from the date of receipt of 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, Trichy District, Trichy.

2.The Tahsildar, Trichy West Taluk, Trichy District.

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N.ANAND VENKATESH, J.

sm Order made in W.P.(MD)No.828 of 2021 Dated:

10.10.2023 4/4