S. Marimuthu, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2016 C O R A M THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.11861 of 2015 S. Marimuthu .. Petitioner Vs

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar,Madurai North Taluk, Madurai District.

3. The Revenue Inspector, Samayanallur Pirca, Madurai District.

4. The Village Administrative Officer, Thodaneri Village Bit I, Thodaneri, Samayanallur, Madurai District.

5. The Secretary, A 2490, Samayanallur Primary Agricultural Co-operative Society, Samayanallur, Madurai District. .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents No.2 to 4 to provide 'Adangal' Register records pertaining to the petitioner's lands in 1. Survey No.5/2A to an extent of 45 cents, 2. S.No.5/2B4 to an extent of 1 acre 55 cents,

3. R.S.No.57/5 to an extent of 10.5 cents situated at Thodaneri Village, Madurai North Taluk, Madurai District within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.N.S.Karthikeyan Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the respondents No.2 to 4 to provide 'Adangal' Register records pertaining to the petitioner's lands in 1. Survey No.5/2A to an extent of 45 cents, 2. S.No.5/2B4 to an extent of 1 acre 55 cents,

3. R.S.No.57/5 to an extent of 10.5 cents situated at Thodaneri Village, Madurai North Taluk, Madurai District, within a time frame.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

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3.The petitioner filed an application for providing 'Adangal' Register Record. The said application is pending with the second respondent/Tahsildar.

4. The learned counsel for the respondents submitted that since the 'Adangal' stands in one Sethu Ammal, they are not in a position to issue 'Adangal' in the name of the petitioner.

5. The learned counsel for the petitioner submitted that the said Sethu Ammal was none other than the grand mother of the petitioner and after her death, two of his brothers inherited the property and partitioned the property by way of Registered Partition and in the registered partitioned property was allotted to him.

6. In the above circumstances, the second respondent/Tahsildar is directed to conduct the enquiry on the application filed by the petitioner, after issuing notice to the petitioner and other rival claimants, if any and consider the revenue records including the partition deed and pass suitable orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, the Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Madurai North Taluk, Madurai District.

3. The Revenue Inspector, Samayanallur Pirca, Madurai District.

4. The Village Administrative Officer, Thodaneri Village Bit I, Thodaneri, Samayanallor, Madurai District.

5. The Secretary, A 2490, Samayanallur Primary Agricultural Co-operative Society, Samayanallur, Madurai District.

+1cc to Mr.T.Lajapathi Roy, Advocate SR.No.57372 pmu sm:sks-rr:17/10/2016:2P/7C W.P.(MD)No.11861 of 2015 29.09.2016 https://hcservices.ecourts.gov.in/hcservices/