Saravanan. S v. The Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.02.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.3553 of 2024 S.Saravanan ... Petitioner Vs.
1.The Collector, Virudhunagar District, Virudhunagar.
2.The District Revenue Officer, O/o. Collectorate Complex, Virudhunagar District, Virudhunagar.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sathur, Virudhunagar Taluk, Virudhunagar District.
4.The Revenue Tahsildar, O/o. The Revenue Tahsildar, Madurai Road, Virudhunagar District.
5.The Revenue Inspector, Office of the Revenue Inspector, Near Murugan Temple, Sankaralingapuram Post, Virudhunagar District, Pin: 626 119.
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6.The Technical Manager (General), The Land Survey Department, Collectorate Complex, Virudhunagar District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 to 6 to update the field map sketches by rectifying the errors happened while updating the records by the revenue authorities and correspondingly enter the same in the Adangal Register comprising in Survey No.952 situated at Sankaralingapuram Post, Virudhunagar District, on the basis of the petitioner's representation sent to the respondents dated 07.01.2024.
For Petitioner : Mr.L.Prabhu For Respondents : Ms.K.Christy Theboraal Additional Government Pleader
ORDER
This Writ Petition has been filed for issuance of a Writ of Mandamus, seeking to direct the respondents 2 to 6 to update the field map sketches by rectifying the errors happened while updating the records by the revenue authorities and correspondingly enter the same in the Adangal Register comprising in Survey No.952 situated at Sankaralingapuram Post, Virudhunagar District, on the basis of the petitioner's representation sent to the respondents dated 07.01.2024. 2/7
2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.The brief facts which are necessary for the disposal of this Writ Petition is as follows:- (i)The property comprised in old Survey No.950 and New Survey No.1643/25, lying to an extent of 9.07 cents situated at Sankaralingapuram Post, Virudhunagar District belonging to 'M/s.Meenachi Chettiar & Sons Trust'. The said Trust property cannot be sold by any one and it has been bestowed only for the certain exclusive purposes, for which the Trust has been registered.
The property of the Trust solely belongs to the petitioner's fore father following which, his grand father and thereafter, by his father and there was no dispute with regard to maintaining of the Trust, since the property of the Trust originally belonged to the petitioner vide Document No.2293 of 1937 dated 23.12.1937 and from its inception, there is no encumbrance and there was no rival claim by any trustee and any of the villagers residing in and around the village. The petitioner possessed clear encumbrance certificate for the past 86 years.
factor, currently the petitioner is maintaining the Trust as Founder and Administrative Trustee by the strength of the registered Document No.18 of 2019 dated 07.11.2019.
(ii)With respect to property in Survey No.952, there is a temple namely Sree Sankaramoorthy Vinayagar Temple and Sri Meenachi Chettiar Jeeva Samathu (Samadhi) as well as pond in the said property and the same is reflected in the adangal register as well. That apart even in the Survey and Land Records, Board of Revenue Records, Government of Madras, 1960, and in the Assistant Director of Survey and Land Records, Tamil Nadu, 1966 and the Revenue Field Map Sketch, the same is reflected. However, the same has been left out while updating the revenue records by the respondents 2 to 6. Hence, for the purpose of incorporating the same, the petitioner made a representation on 07.01.2024. However, the same is not considered. Hence, the Writ Petition came to be filed.
4.The learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner has already been processed and an enquiry has been concluded and 4/7
the same would be concluded within a period of 16 weeks. 5.Heard Mr.L.Prabhu, learned counsel appearing for the petitioner, Ms.K.Christy Theboraal, learned Additional Government Pleader appearing for the respondents and carefully perused the entire materials available on record.
6.Recording the aforesaid submission, this Court hereby directs the respondents 2 to 6 to pass appropriate order on the representation made by the petitioner dated 07.01.2024 within a period of 16 weeks from the date of receipt of copy of this order. 7.In view of the above, this Writ Petition stands disposed of. There shall be no order as to costs.
16.02.2024 NCC : Yes / No Index :
Yes / No Internet :
Yes Mrn 5/7
To 1.The Collector, Virudhunagar District, Virudhunagar.
2.The District Revenue Officer, O/o. Collectorate Complex, Virudhunagar District, Virudhunagar.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sathur, Virudhunagar Taluk, Virudhunagar District.
4.The Revenue Tahsildar, O/o. The Revenue Tahsildar, Madurai Road, Virudhunagar District.
5.The Revenue Inspector, Office of the Revenue Inspector, Near Murugan Temple, Sankaralingapuram Post, Virudhunagar District, Pin: 626 119.
6.The Technical Manager (General), The Land Survey Department, Collectorate Complex, Virudhunagar District.
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L.VICTORIA GOWRI, J.
Mrn W.P.(MD)No.3553 of 2024 16.02.2024 7/7