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Madras High CourtWP(MD)/615/2021disposed of

R. Velmurugan v. The District Collector,

2023-10-10Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R. Velmurugan, ... Petitioner Vs

1. The District Collector,, Master Plan Complex, Sivagangai District..

2. The District Revenue Officer,, Master Plan Complex, Sivagangai District..

3. The Revenue Divisional Officer, Masjith Road, Sivagangai District..

4. The Tahsildar,, Taluk Office, Thiruppuvanam, Sivagangai District..

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents herein to change the entry in the revenue record with regard to Survey Nos.114/1A and 2A2 as Ramalinga Swamy Private Mutt (Ramalingaswamy Thaniyar Madam) rep. by its Trusteee and to issue appropriate proceedings for making such entries in the

revenue record in favour of petitioner Madam as per the judgment and decree of this Honourable Court in SA No. 1149 of 1962 dated 27.04.1968 and confirmed by the Honourable Supreme Court of India in Civil Appeal No. 474/1971 dated 1.5.1985.

For Petitioner :Mr.S. Srinivasa Raghavan, For Respondents :Mr.B.Saravanan Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to act upon the representation made by the petitioner on 19.11.2019 and to carry out necessary changes in the revenue records in line with the judgment passed in the civil proceedings, which was confirmed up to the Apex Court.

2. The case of the petitioner is that the private Mutt filed a suit for declaration of title and permanent injunction and the suit was decreed in favour of the private Mutt and it was confirmed till the Apex Court. The petitioner thereafter made a representation to the respondents to effect change in the revenue records in line with the decree passed by the civil Court. Since the same was not considered, the present writ petition has

been filed before this Court.

3. Taking into consideration the facts and circumstances of the case and also the civil Court decree, which has been passed in favour of the private mutt, there shall be a direction to the third respondent to consider the representation made by the petitioner on 19.11.2019 in line with the RSO31(4) and final order shall be passed within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and also a copy of this order. The writ petition is disposed of with the above direction. No costs.

10.10.2023 NCC :Yes/No Index :Yes/No RR

To

1. The District Collector,, Master Plan Complex, Sivagangai District..

2. The District Revenue Officer,, Master Plan Complex, Sivagangai District..

3. The Revenue Divisional Officer, Masjith Road, Sivagangai District..

4. The Tahsildar,, Taluk Office, Thiruppuvanam, Sivagangai District

N.ANAND VENKATESH, J.

RR W.P.(MD)No.615 of 2021 10.10.2023