Agl.Irudayaraj Educational And Charitable Trust v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2020

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AGL.Irudayaraj Educational and Charitable Trust, represented by its Managing Trustee, Edmand Sahayaraj ... Petitioner vs.

1.The District Revenue Officer, Trichirapalli.

2.The Revenue Tahsildar, Trichirapalli.

3.The Tahsildar (East), Trichirapalli.

4.The Commissioner, Trichirapalli Corporation.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to consider the representation, dated 28.11.2019 and to make necessary correction in the revenue records and issue patta in the name of petitioner trust, namely, AGL.Irudayaraj Educational and Charitable Trust, in respect of the property in Town Survey Nos.8 and 9 of Kambarampettai Village, Trichy East Taluk, Trichy District.

For Petitioner :M/s.J.Alaguram Jothi For Respondents : Mr.A.Thiyagarajan Government Advocate

O R D E R

This Writ Petition is filed to direct the respondents to consider the representation, dated 28.11.2019 and to make necessary correction in the revenue records and issue patta in the name of petitioner trust, namely, AGL.Irudayaraj Educational and Charitable Trust, in respect of the property in Town Survey Nos.8 and 9 of Kambarampettai Village, Trichy East Taluk, Trichy District.

2.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 1/3

3.The petitioner is a Trust. The petitioner claims to have purchased certain lands by virtue of registered sale deeds. Stating that the request of the petitioner for issuing patta has not been considered, the above Writ Petition has been filed. 4.It is stated by the petitioner that the petitioner has purchased the property from the legal heirs of one Ulaganathan Chettiar and that patta has not been mutated in the name of petitioner, despite representation to the respondents. In the representation, it is stated that the land was earlier shown in the name of Municipality and thereafter, no name was mentioned as against the property purchased by the petitioner. 5.The learned Counsel for the petitioner submitted that the petitioner will be satisfied, if a direction is issued to the respondents to consider the petitioner's representation within the time stipulated by this Court.

6.Having regard to the limited scope of prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's representation, this Court is inclined to pass the following direction:- "The first respondent is directed to consider the petitioner's representation dated 28.11.2019 either by himself or by referring to the Tahsildar concerned and pass appropriate orders on merits and in accordance with law after giving an opportunity to the petitioner and any other persons, who is found to have interest or claim based on prior revenue records within a period of twelve weeks from the date of receipt of a copy of this order."

7.Accordingly, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) cmr 2/3

To 1.The District Revenue Officer, Trichirapalli.

2.The Revenue Tahsildar, Trichirapalli.

3.The Tahsildar (East), Trichirapalli.

4.The Commissioner, Trichirapalli Corporation.

+1 CC to M/s.J.ALAGURAM JOTHI, Advocate ( SR-2673[F] dated 23/01/2020 ) 23.01.2020 KM/(10.02.2020) 3P 6C 3/3