Madras High CourtWP(MD)/2348/2022disposed of

Abdul Azeez v. The District Collector

2022-02-07Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Abdul Azeez ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Sub-Collector, Revenue Division Office, Kulithalai, Karur District.

4.The Tahsildar, Kadavur Taluk, Karur District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to pass necessary order based on the recommendation of the first respondent in O.Mu.C1/9324/2020 dated 25.08.2020 within a stipulated time as may be fixed by this Court. For Petitioner : Mr.S.Balakarthick For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the third respondent to consider the petitioner's representation dated 17.08.2020 and pass orders. 2.It is the case of the petitioner that the subject property is a property owned by the petitioner. He has sought for mutation of revenue records in his name. The petitioner has also given a representation on 17.08.2020 seeking for mutation of revenue records in the name of the petitioner. The said representation was given to the respondents 1 and 2. Since the said representation has not been 1/3

considered till date, the petitioner has filed this writ petition. 3.Mr.M.Lingadurai, learned Special Government Pleader accepts notice on behalf of the respondents and submits on instructions that the subject land is a temple land and that is the reason for not mutating the revenue records in favour of the writ petitioner. 4.Admittedly, the representation given by the petitioner on 17.08.2020 has not been considered till date by the respondents. In such circumstances, this Court is of the considered view that no prejudice would be caused to the respondents in considering the said representation dated 17.08.2020 in accordance with law after hearing all necessary parties including Tamil Nadu Hindu Religious & Charitable Endowments [TN HR & CE] Department. 5.

For the foregoing reasons, a direction is given to the first respondent to consider the petitioner's representation dated 17.08.2020 seeking for mutation of revenue records in his name for the subject property and the first respondent shall pass orders on the said representation on merits and in accordance with law after hearing all the necessary parties including TN HR & CE Department within a period of eight [8] weeks from the date of receipt of a copy of this order.

6.With the aforesaid direction, the writ petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, 2/3

2.The District Revenue Officer, 3.The Sub-Collector, Revenue Division Office, Kulithalai, Karur District.

4.The Tahsildar, Kadavur Taluk, Karur District.

+1 CC to M/s.SPL GP ( SR-4738[F] dated 08/02/2022 ) +1 CC to M/s.S.BALAKARTHICK, Advocate ( SR-5091[F] dated 09/02/2022 ) ORDER MADE IN 07.02.2022 nsn(CO) TR(15.02.2022) 3P 7C 3/3