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Madras High CourtWP(MD)/10587/2020disposed of

F. Ghouse Mohideen v. The Dist. Collector

2023-10-04Honourable Mr Justice N. Anand Venkatesh6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.10587 of 2020 F.Ghouse Mohideen ... Petitioner Vs.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, direct the respondents to remove the wrong entry of Government Purampoke in the Town Survey land register for the door No.131/Survey No.597/1, Madurai South, Madurai and enter the petitioner and his brother name in Town Survey land register as per

petitioner's representation to respondent on 19.10.2019 & 30.04.2020 and fix a time frame.

For Petitioner :Mr.R.Ramasamy For Respondents :Mrs.D.Farjana Ghoushia Special Government Pleader W.P.(MD).No.10729 of 2020 F.Khadhar Navas ... Petitioner Vs.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, direct the respondents to remove the wrong entry of Government Purampoke in the Town Survey land register for the door No.131/Survey No.597/1, Madurai South, Madurai and enter the petitioner and his brother name in Town Survey land register as per

petitioner's representation to respondent on 19.10.2019 & 30.04.2020 and fix a time frame.

For Petitioner :Mr.R.Ramasamy For Respondents :Mrs.D.Farjana Ghoushia Special Government Pleader COMMON ORDER The issue involved in both the writ petitions pertains to the issue of a writ of mandamus directing the respondents to remove the wrong entry of Government Purampoke in the Town Survey land register for the door No.131/Survey No.597/1, Madurai South, Madurai and enter the name of the petitioners in Town Survey land register as per petitioners' representations made to the respondent on 19.10.2019 and 30.04.2020 and hence, a common order is passed in these writ petitions.

2. Heard the learned counsel for the petitioners and the learned Special Government pleader for the respondents.

3. The case of the petitioners is that they had purchased the subject property by virtue of a registered sale deed dated 11.12.1995 and

13.12.1995 respectively. The further case of the petitioners is that they are also paying house tax in their names and they had also applied for planning permission, which was also granted by the madurai corporation. However, the petitioners came to know that the lands have been categorized as Government poramboke in the town survey land register. According to the petitioners, it is a wrong classification and hence, they made representations to the respondents to remove the wrong entry and to add their names. Since the same was not considered, the present writ petitions have been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the third respondent to consider the representation made by the petitioners on 19.10.2019 and deal with the same on its own merits and in accordance with law and pass orders within a period of twelve weeks from the date of receipt of a copy of this order. There shall be a direction to the petitioners to submit a fresh representation to the third respondent along with all the relevant documents and also a copy of this order.

5. These writ petition are disposed of with the above terms. No costs.

04.10.2023 NCC :Yes/No Index :Yes/No RR To

N.ANAND VENKATESH, J.

RR 04.10.2023