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Madras High CourtWP(MD)/2618/2022disposed of

Thirunavukkarasu K v. The District Revenue Officer

2022-02-09Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE K.Thirunavukkarasu ... Petitioner Vs.

1.The District Revenue Officer, Collectorate Campus, 2.The Commissioner, Tirunelveli Corporation, S.N. High Road, Tirunelveli Town.

3.The Assistant Commissioner, Thachanallur Division, Tirunelveli Corporation, 4.The Town Surveyor, Tirunelveli Corporation, Palayamkottai, 5.The Tahsildar, Palayamkottai Taluk, Collector office Campus, 6.Shanmugasundaram 7.Thangameena 8.Meenakshi 9.Gandhimathi 10.Arumugam ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 5 to make necessary corrections in the Town Survey Register in respect of T.S.No.626/2, AY ward Block 8 Thatchanallur Town, Palayamkottai Taluk, Tirunelveli by deleting the names of Arunachalam son of Kuthalingapillai, Nellaiyappar son of Kuthalinga 1/4

pillai and Arumugam son of Kuthalinga pillai, based on the representation of the petitioner dated 07.10.2021 within a time frame that may be stipulated by this Court.

For Petitioner : Mr.R.Pon Karthikeyan For Respondents 1 & 5 : Mrs.S.Jeyapriya Government Advocate For Respondents 2 to 4 : Mr.S.P.Maharajan Special Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 5 to make necessary corrections in the Town Survey Register in respect of T.S.No.626/2, AY ward Block8, Thatchanallur Town, Palayamkottai Taluk, Tirunelveli by deleting the names of Arunachalam son of Kuthalingapillai, Nellaiyappar son of Kuthalingapillai and Arumugam son of Kuthalingapillai, based on the representation of the petitioner dated 07.10.2021 within a time frame to be fixed by this Court.

2.It is the case of the petitioner that the town survey number has been wrongly mentioned in respect of the petitioner's property. According to the petitioner, the neighbours' town survey number has been mentioned whereas the correct survey number of the petitioner is T.S.No.626/2. The neighbours of the petitioner have also been arrayed as respondents 6 to 10 in this writ petition. According to the petitioner his neighbours have also got no objection for making the necessary corrections in the town survey number. The petitioner has given a representation dated 07.10.2021 to the respondents calling upon them to make the necessary corrections. Since the said representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.R.Pon Karthikeyan, learned Counsel for the writ petitioner, Mrs.S.Jeyapriya, learned Government Advocate who accepts notice on behalf of respondents 1 and 5 and Mr.S.P.Maharajan, learned Special Government Pleader who accepts notice on behalf of respondents 2 to 4.

4.The relief sought for in this writ petition is an innocuous one. No prejudice would be caused to the respondents if the petitioner's representation dated 07.10.2021 seeking for correction of the town survey number is considered on merits and in accordance with law after hearing all the necessary parties including the petitioner as well as the respondents 6 to 10. 2/4

5.Accordingly, this this Court directs the third respondent to consider the petitioner's representation dated 07.10.2021 seeking for correction of town survey number as mentioned supra and pass final orders on merits and in accordance with law after hearing all the necessary parties including respondents 6 to 10 as well as the petitioner within a period of twelve [12] weeks from the date of receipt of a copy of this order.

6.With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (P&A) // 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 Revenue Officer, Collectorate Campus, 2.The Commissioner, Tirunelveli Corporation, S.N. High Road, Tirunelveli Town.

3.The Assistant Commissioner, Thachanallur Division, Tirunelveli Corporation, 4.The Town Surveyor, Tirunelveli Corporation, Palayamkottai, 3/4

5.The Tahsildar, Palayamkottai Taluk, Collector office Campus, +1 CC to M/s.R.PON KARTHIKEYAN, Advocate ( SR-4959[F] dated 09/02/2022 ) +1 CC to M/s.S.P.MAHARAJAN, Advocate ( SR-5234[F] dated 10/02/2022 ) +1 CC to M/s.SPL GP ( SR-5324[F] dated 10/02/2022 ) 09.02.2022 RD(22.02.2022) 4P 9C 4/4