M. Gopalakrishnan, v. The Sub Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.12638 of 2015 M.Gopalakrishnan ... Petitioner Vs.

1. The Sub Collector, Satchiapuram, Sivakasi, Virudhunagar District.

2. The Tahsildar, Srivilliputhur, Virudhunagar District.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd Respondent to implement the order passed by the 1st Respondent in his Memo dated 25.09.2014 in Na.Ka.No.A1/1770/2014-8 by conduct the spot inspection in respect of the petitioner's joint family property for an extent of 60 1⁄2 cents in S.No.1025/3A, 3B, 3C, 3D, 3E to 3L situated at Pillayarkulam Village, Srivilliputhur Taluk, Virudhunagar District and sent the report to the 1st Respondent within the time stipulated by this Honourable Court. For Petitioner : Mr.K.Sudalaiyandi For Respondents : Mr.T.S.Mohamed Mohideen, Additional Government Pleader

O R D E R

By consent, this writ petition is taken up for final disposal.

2. According to the petitioner, the property in question is his ancestral property, whereas, the same was wrongly mentioned as pathway of the adjacent land owners, in the revenue records. In order to correct the mistake crept-in, the petitioner has submitted a representation before the first respondent, who, in turn, forwarded the same to the second respondent, on 25.09.2014, for necessary action at his end, where the same is kept pending, without any action and aggrieved over the same, the petitioner is before this Court.

https://hcservices.ecourts.gov.in/hcservices/

3. Heard both sides and perused the documents available on record.

4. It is seen that the subject matter in this issue has already been considered by the first respondent, who directed the second respondent to pass appropriate orders. Such being the case, the inaction on the part of the second respondent is placed before this Court for consideration.

5. Having found some force in the arguments put forth by the learned Counsel for the petitioner, this Court, directs the second respondent to pass appropriate orders, in this subject matter, on merits and in line with the order of the first respondent dated 25.09.2014 in Na.Ka.No.A1/1770/2014-8, after affording due opportunity of hearing to the petitioner as well as all the other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The Sub Collector, Satchiapuram, Sivakasi, Virudhunagar District.

2. The Tahsildar, Srivilliputhur, Virudhunagar District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 87812 + 1 CC TO Mr.K.SUDALAIYANDI, ADVOCATE IN SR No. 87341 GK TE/SV-MMS/SAR-2 : 28/11/2017 : 2P/5C W.P(MD)No.12638 of 2015 15.11.2017 https://hcservices.ecourts.gov.in/hcservices/