Loganathan.R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Loganathan .. Petitioner Vs.
1.The District Collector, Office of the District Collector, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, 3.The Thasildar, Trichy East Taluk, .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to remove the entry of classification of the petitioner property "pathway" in respect of the petitioner property comprised in T.S.Nos.52 and 44 situated at Ward N Block No.18, East Taluk,Trichy on the basis of the recommendations made by the Tahsildar, Trichy, East Taluk, Trichy as per his proceedings dated 09.06.2020 within the time stipulated by this Court. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.P.Mahendran, Addl Govt. Pleader.
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ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to remove the entry in the revenue records, wherein the subject property has been classified as "pathway", based on the report submitted by the Tahsildar, through proceedings dated 09.06.2020.
2. The case of the petitioner is that he is the absolute owner of the subject property. The property belonging to the petitioner was shown as "pathway" in the Town Survey Land Register. The petitioner, therefore, made a representation to the third respondent. The third respondent going through the records, placed 1/3
a report dated 09.06.2020, before the second respondent by recommending for the removal of the entry and to incorporate the name of the petitioner.
3. The grievance of the petitioner is that in spite of the report given by the third respondent, the second respondent is yet to act upon the same and left with no other option, the present Writ Petition has been filed before this Court.
4. Heard Mr.B.Jameel Arasu, learned counsel appearing for the petitioner and Mr.P.Mahendran, learned Additional Government Pleader appearing for the respondents.
5. Taking into consideration the facts and circumstances of the case and also the fact that the third respondent has already sent his report to the second respondent, there shall be a direction to the second respondent to act upon the report submitted by the third respondent on 09.06.2020, and pass necessary orders, within a period of six weeks from the date of receipt of a copy of this order.
6. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.
7. This Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm Note :
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To 1.The District Collector, Office of the District Collector, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 2/3
3.The Thasildar, Trichy East Taluk, +1 CC to M/s.SPL GP ( SR-16969[F] dated 21/04/2021 ) 20.04.2021 RK(10.05.2021) 3P 5C 3/3