← Library
Madras High CourtWP(MD)/8376/2020disposed of

Karu.Manickam v. The District Collector

2020-09-17Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.8376 of 2020 Karu.Manickam

...Petitioner

Vs 1.The District Collector, 2.The Revenue Division Officer, 3.The Tahsildar, Thirumayam Taluk,

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 3rd respondent to implement the order passed in his proceedings Ne.Mu.No. 2545/2016/A6 dated 07.08.2019 on following the 2nd respondent proceedings Ne.Mu.No.A4/3817/2016 dated 11.07.2019 to make necessary entries in the revenue records and computer data entry on the basis of the Petitioners representation dated 07.02.2020.

For Petitioner : Mr.G.Mathavan For Respondents : Mr.C.Ramesh Special Government Pleader

ORDER

This Writ Petition is filed to direct the 3rd respondent to implement the order passed in Ne.Mu.No.2545/2016/A6 dated 07.08.2019 on following the 2nd respondent proceedings Ne.Mu.No.A4/3817/2016 dated 11.07.2019 to make necessary entries in the revenue records as well as computer data.

2.According to the petitioner, he had a property in S.No.17/3A, measuring to an extent of 0.01.0 ares situated at Kurichi Village, Vallaramanickam Zonal, Keelanilai, Thirumayam Taluk, Pudukkottai District. However, at the time of UDR settlement, the aforesaid property has been wrongly classified as S.Nos.17/3A1 and 17/3A2. To rectify the same, the petitioner had filed an application before the 2nd respondent and the 2nd respondent, by proceedings dated 11.07.2019, directed the 3rd respondent to issue patta in favour of the petitioner in respect of the property in S.No.17/3A, by cancelling the aforesaid classification. Thereafter, though the 3rd 1/3

respondent, by proceedings dated 07.08.2019, had passed the consequential order by following the order of the 2nd respondent dated 11.07.2019, so far patta has not been issued to the petitioner. Hence, the petitioner made a representation dated 07.02.2020 before the 3rd respondent. But, no action has been taken till date. Hence, the petitioner is before this Court for the relief stated supra.

3.In reply, the learned Special Government Pleader appearing for the respondents would submit that the petitioner's representation dated 07.02.2020, would be considered on merits and in accordance with law, within a time frame to be fixed by this Court.

4.In view of the submission made by the learned Special Government Pleader, this Court, without expressing any opinion on the merits of the case, is inclined to pass the following directions:- The 3rd respondent is directed to consider the petitioner's representation dated 07.02.2020 to make necessary entries in the revenue records and computer data in respect of the petition mentioned property on merits, by taking note of the proceedings of the 2nd respondent dated 11.07.2019, after affording due opportunity of hearing to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order;

5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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.

To 1.The District Collector, 2/3

2.The Revenue Division Officer, 3.The Tahsildar, Thirumayam Taluk, +1 CC to M/s.GP ( SR-17461[F] dated 18/09/2020 ) W.P.(MD) No.8376 of 2020 17.09.2020 SE(CO) KK(28.09.2020) 3 P 5C 3/3