Madras High CourtWP(MD)/8709/2022disposed of

Mohan S v. The District Collector

2022-04-29Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.8709 of 2022 S.Mohan ... Petitioner /Vs./

1. The District Collector, Trichy District, Trichy.

2. The Revenue Divisional Officer, Musiry, Trichy District.

3. The District Registrar, Ariyalur Registration District.

4. The Sub-Registrar, Uppiliyapuram Sub-registration District, Trichy District.

5. The District Revenue Officer, Trichy.

... Respondents (R5 is suo motu impleaded vide order of this Court dated 29.04.2022.) P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 07.03.2022 for making necessary correction in the Revenue Records thereby re-classifying the land of the petitioner in Survey Nos.148/5B and 149/5 situated in Osarapalli Village, Thuriyur Taluk, Trichy District from Residential class I Type - I to Dry Well Irrigation Type -I and consequently forward the same to the 2nd, 3rd and 4th respondents in order to enable them to make the correction in the guidelines value register.

For Petitioner : Mr.G.Kannan For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to consider the petitioner's 1/3

representation dated 07.03.2022 for making necessary correction in the Revenue Records thereby re-classifying the land of the petitioner in Survey Nos.148/5B and 149/5 situated in Osarapalli Village, Thuriyur Taluk, Trichy District from Residential class I Type - I to Dry Well Irrigation Type -I and consequently forward the same to the 2nd, 3rd and 4th respondents in order to enable them to make the correction in the guidelines value register, based on the petitioner's representation dated 07.03.2022, within a time frame to be fixed by this Court.

2.Heard Mr.G.Kannan, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

3.The petitioner seeks for reclassification of the land as stated supra. The competent authority for the said purpose is only District Revenue Officer, Trichy. Since the representation dated 07.03.2022 has not been given to the District Revenue Officer, Trichy, the petitioner has to submit a fresh representation.

4.Since the District Revenue Officer, Trichy, is not a party to this writ petition, the District Revenue Officer, Trichy is suo motu impleaded as fifth respondent, for whom also, Mr.D.Sasikumar, learned Additional Government Pleader, accepts notice. 5.No prejudice would be caused, if a direction is given to the fifth respondent to consider the petitioner's representation on merits and in accordance with law, within a time frame to be fixed by this Court.

6.For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the fifth respondent seeking for making necessary correction in the Revenue Records thereby reclassifying the land of the petitioner in Survey Nos.148/5B and 149/5 situated in Osarapalli Village, Thuriyur Taluk, Trichy District from Residential class I Type - I to Dry Well Irrigation Type -I and consequently forward the same to the 2nd, 3rd and 4th respondents in order to enable them to make the correction in the guidelines value register, within a period of one (1) week from the date of receipt of a copy of this order. The fifth respondent is directed to pass final orders on the petitioner's representation to be submitted by the petitioner, on merits and in accordance with law, after affording a fair hearing to the petitioner including granting him the right of personal hearing, within a period of four (4) months thereafter. 2/3

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) sm To