Chinnathambi.M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2024
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN M.Chinnathambi : Petitioner Vs.
1.The District Collector, Trichy District, Trichy.
2.The District Revenue Officer, District Revenue Office, Trichy District, Trichy.
3.The Revenue Divisional Officer, Revenue Divisional Office, Trichy, Trichy District.
4.The Tahsildar, Taluk Office, East Taluk, Trichy.
: Respondents 1/7
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent to include the name of the petitioner in the SLR and other related revenue records in respect of the property in Town Survey No.16, to an extent of 1200 sq.ft, Patta No.20/1968, situated at Ward-AF, Block-33, Kottapattu Village, Trichy East Taluk, Trichy District by considering the petitioner's representation dated 04.01.2024.
For Petitioner : Ms.R.Yamuna For Respondents 1 to 4 : Mr.D.Gandhi Raj Special Government Pleader
O R D E R
*********** This Writ Petition is filed seeking for a direction to the second respondent to include the name of the petitioner in the SLR and other related revenue records in respect of the property in Town Survey No.16, to an extent of 1200 sq.ft, Patta No.20/1968, situated at Ward-AF, Block-33, Kottapattu Village, Trichy East Taluk, Trichy District by considering his representation dated 04.01.2024. 2.Heard Ms.R.Yamuna, learned Counsel appearing for the petitioner and Mr.D.Gandhi Raj, learned Special Government Pleader 2/7
who accepts notice for the respondents.
3.By consent, the main Writ Petition itself is taken up for final disposal at the admission stage itself. 4.According to the petitioner, the Government allotted a house site property comprised in Town Survey No.16 in Block-33, Ward No.AF, Kottapattu Village, Trichy East Taluk, Trichy District to an extent of 5 cents [2180 sq.ft] in favour of the petitioner's father Muniyandi, who was in possession and enjoyment of the said property. The petitioner's father executed a Gift Settlement Deed and allotted a share of 1200 sq.ft., in favour of the petitioner vide Doc.No.4249/2011 dated 04.08.2011 and the remaining portion has been executed in favour of the petitioner's brother. The petitioner constructed a house in his share and is in possession of the same.
Thereafter, he came to know that his name is missing in the SLR Register [Certificate Extract from the Town Survey Land Register]. The petitioner gave a petition before the third respondent on 09.01.2023, for which the third respondent directed the petitioner to file an appeal before the second respondent within 30 days vide proceedings dated 20.11.2023. Pursuant to the said proceedings, the petitioner also preferred an appeal before the respondents on 04.01.2024, which remains unattended till date.
petitioner is before this Court with the present petition. 5.The learned Special Government Pleader appearing for the respondents would submit that the petitioner's appeal would be considered and appropriate orders would be passed within the period to be prescribed by this Court.
6.In view of the aforesaid submission, this Court, without expressing any opinion on the merits of the matter, directs the second respondent to dispose of the appeal dated 04.01.2024, preferred by the Petitioner and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of twelve [12] weeks from the date of receipt of a copy of this order.
7.The Writ Petition stands disposed of, with the above direction. There shall be no order as to costs. 01.02.2024 Index :Yes / No Internet : Yes / No NCC : Yes/No 4/7
MR To 1.The District Collector, Trichy District, Trichy.
2.The District Revenue Officer, District Revenue Office, Trichy District, Trichy.
3.The Revenue Divisional Officer, Revenue Divisional Office, Trichy, Trichy District.
4.The Tahsildar, Taluk Office, East Taluk, Trichy.
5/7
V.BHAVANI SUBBAROYAN , J.
MR 6/7
01.02.2024 7/7