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Madras High CourtWP(MD)/6146/2022disposed of

Chandrasekaran .S v. The District Collector

2022-04-04Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Chandrasekaran .. Petitioner Vs 1.The District Collector, Thoothukudi District.

2.The District Revenue Officer, Collectorate Office, Korapallam, Thoothukudi.

3.The Revenue Divisional Officer, Sub Collector Office, Beach Road, Thoothukudi - 1.

4.The Tahsildar, Tooveypuram, Thoothukudi.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the representation submitted by the petitioner, dated 17.12.2021 and to correct the revenue records in respect of the properties in S.No.483/23 and 483/24, situated at Meelavittan Part - 1 Village, Thoothukudi.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider the representation submitted by the petitioner, dated 17.12.2021 and to correct the revenue records in respect of the properties in S.Nos.483/23 and 483/24, situated at Meelavittan Part - 1 Village, Thoothukudi and pass final orders, within a time frame to be fixed by this Court. 2.The case of the petitioner is that the aforementioned properties belong to his mother Gomathi ammal. According to him, she was in possession of the property during her life and her name was also entered in the revenue records. According to the petitioner, his mother died in the year 2006, leaving behind the petitioner, his sister, brother and the legal heirs of another deceased brother Gunasekaran as her only legal heirs. According to 1/3

the petitioner, he came to know recently that the name of one Pechiammai ammal is wrongly entered in the Village 'A' Register for the subject property. According to him, the said Pechiammai Ammal has no right over the property. In such circumstances, he has given a representation on 09.08.2021, seeking for inclusion of the legal heirs of the deceased Gomathi Ammal in the revenue records in place of Pechiammai Ammal. One more representation was sent by the petitioner on 17.12.2021 for the very same purpose. Since the petitioner's representations have not been considered till date, he has filed this writ petition.

3.Heard Mr.G.Prabhu Rajadurai, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents. 4.No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as Pechiammai Ammal and any necessary party, whom the fourth respondent deems fit to enquire, within a time frame to be fixed by this Court.

5.The petitioner seeks for rectification of the alleged error said to have been committed in the revenue records. He has given a representation on 09.08.2021 and 17.12.2021. Admittedly, the representations have not been considered by the respondents till date.

6.For the foregoing reasons, this Court directs the fourth respondent to consider the petitioner's representation, dated 17.12.2021, requesting the fourth respondent to correct the revenue records in respect of the properties in S.Nos.483/23 and 483/24, situated at Meelavittan Part - 1 Village, Thoothukudi and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and Pechiammai Ammal and any other necessary party, whom the fourth respondent deems fit to enquire, within a period of three months from the date of receipt of a copy of this order.

7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl Side) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 2/3

Note:In view of the present lock down owing to COVID19 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 Collector, Thoothukudi District.

2.The District Revenue Officer, Collectorate Office, Korapallam, Thoothukudi.

3.The Revenue Divisional Officer, Sub Collector Office, Beach Road, Thoothukudi - 1.

4.The Tahsildar, Tooveypuram, Thoothukudi.

+1 CC to M/s.G. PRABHURAJADURAI, Advocate ( SR-16506[F] dated 05/04/2022 ) +1 CC to M/s.SPL.GP ( SR-16750[F] dated 05/04/2022 ) 04.04.2022 MGJ(27.04.2022) 3P 7C 3/3