Madras High CourtWP(MD)/8771/2021disposed of

Rosemary, v. The Tashildar

2021-06-24Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Mahendran Rose Mary, wife of Benjamin, Ellakkudi Village, Trichy District, represented by her Power Agent.

...Petitioner

(cause title amended vide order of this Court dated 24.06.2021 made in W.M.P NO. 7485/2021 W.P.(MD).No.8771 of 2021) Vs.

The Tahsildar, Taluk Office, Thiruverumbur, Trichy District.

... Respondent Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent herein to rectify the mistake committed in revenue records pertaining to property situated at Trichy District, Thiruverumbur Village, S.F.No.164/4 measuring 0.42 cents, S.F.No.164/7 measuring 0.69 cents, in the light of the petitioner's representation, dated 25.03.2021, within a stipulated period as may be fixed by this Court.

For Petitioner : Mr.R.Sundar For Respondent : Mr.R.Suresh Kumar Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondent to consider the representation made by the petitioner on 25.03.2021, wherein, the petitioner is seeking for correction / rectification in the revenue records with respect to the subject property.

2. The petitioner is the Power of Attorney Agent of one Rosemary, who is the owner of the subject property. The case of the petitioner is that the said Rosemary became the owner of the subject property, by virtue of a registered sale deed, dated 28.11.2006. She appointed the petitioner as a Power of Attorney, 1/3

by virtue of a registered power of attorney document, dated 18.06.2007.

3. The petitioner, as the Agent found that the entries made in the revenue records have to be rectified and hence, made a representation on 29.09.2020. Since the same was not acted upon, one more representation was made to the respondent on 25.03.2021. The same also did not evoke any response and left with no other option, the present Writ Petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.R.Sundar, learned counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate takes notice for the respondent.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 25.03.2021 and deal with the same on its own merits and in accordance with law and pass orders within a period of six (06) weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the respondent along with all the relevant documents and also a copy of this order.

7. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg To The Tahsildar, Taluk Office, Thiruverumbur, Trichy District.

+1 CC to M/s.SPL GP ( SR-20297[F] dated 25/06/2021 ) 2/3

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.

Order made in Dated:

24.06.2021 AS(05.07.2021) 3P 3C 3/3