Laveen Vikram S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2022
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE S.Laveen Vikram .. Petitioner Vs.
1.The District Collector, Collectorate, Tirunelveli District.
2.The Tahsildar, Palayamkottai Taluk Office, Tirunelveli District.
3.The Block Development Officer, Block Development Office, Palayamkottai, Tirunelveli District.
4.The Executive Officer, Sivanthipatti Village Panchayat, Palayamkottai Taluk, Tirunelveli District.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondent Nos.2 to 4 to update the Revenue Records as common pathway in light of the registered Gift Deed dated 06.05.2013 in document No.2312/2013 in favour of Sivanthipatti Village Panchayat situated in Survey Nos.1176/1, 1191/1 at Sivanthipatti Village Panchayat, Palayamkottai Taluk, Tirunelveli District, by considering the representation, dated 11.12.2021 made by the petitioner, within time stipulated by this Court.
For Petitioner : Mr.I.Pinaygash For Respondents : Mr.D.Sasikumar for R1 and R2 Additional Government Pleader Mr.P.Thiraviyam for R3 and R4
ORDER
This writ petition has been filed seeking for a direction to the respondents 2 to 4 to update the Revenue Records as common 1/3
pathway, in the light of the registered Gift Deed, dated 06.05.2013 in document No.2312/2013 in favour of Sivanthipatti Village Panchayat, situated in Survey Nos.1176/1, 1191/1 at Sivanthipatti Village Panchayat, Palayamkottai Taluk, Tirunelveli District, by considering the representation, dated 11.12.2021 within a time frame to be fixed by this Court.
2.According to the petitioner, despite the execution of the aforementioned registered gift deed in the revenue records, the gift deed has not been recorded. In such circumstances, the petitioner has given a representation dated 11.12.2021. Since the said representation dated 11.12.2021 has not been considered till date, this writ petition has been filed.
3.No prejudice would be caused to the respondents, if the petitioner's representation dated 11.12.2021 is considered on merits and in accordance with law, after hearing the petitioner as well as other necessary parties, if any.
4.Therefore, the fourth respondent, the President of Sivanthipatti Village Panchayat, is directed to forward the petitioner's representation, dated 11.12.2021 to the second respondent and the second respondent is directed to consider the same and pass final orders with regard to the petitioner's representation, within a period of eight weeks from the date of receipt of a copy of this order, after hearing all the necessary parties including the petitioner.
5.With the aforesaid direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) NS 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.
2/3
To 1.The District Collector, Collectorate, Tirunelveli District.
2.The Tahsildar, Palayamkottai Taluk Office, Tirunelveli District.
3.The Block Development Officer, Block Development Office, Palayamkottai, Tirunelveli District.
4.The Executive Officer, Sivanthipatti Village Panchayat, Palayamkottai Taluk, Tirunelveli District.
+1 CC to M/s.I.PINAYGASH, Advocate ( SR-4935[F] dated 09/02/2022 ) +1 CC to M/s.SPL GP ( SR-5336[F] dated 10/02/2022 ) 09.02.2022 RD(22.02.2022) 3P 7C 3/3