Mahalingam.R v. The Dist.Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH R.Mahalingam ... Petitioner Vs.
1.The District Collector, Sivagangai, Sivagangai District.
2.The District Revenue Officer, Sivagangai, Sivagangai District.
3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.
4.The Tahsildar, Manamadurai Taluk, Sivagangai District.
5.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the fifth respondent to carry out the necessary changes in the revenue records on the basis of the petitioner's representation dated 17.04.2021 with regard to Government assignment of land issued in favour of the petitioner's father namely R.Ramakili S/o. Ramaiah Thevar, bearing Survey No.341, admeasuring an extent of 0.33.50 Ares situated in Achangulam Village, Thiruppuvanam Taluk, Vallarendal, Palaiyanur, Sivagangai District, based on the proceedings of the fourth respondent in ep.X.vz;.6/142, dated 14.06.2002, within the reasonable time to be fixed by this Court.
For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.R.Suresh Kumar Government Advocate
ORDER
This writ petition has been filed for the issue of a Writ of Mandamus, directing the fifth respondent to carry out the necessary changes in the revenue records based on the representation made by the petitioner on 17.04.2021.
2. The case of the petitioner is that the subject property in survey No.341 was assigned in favour of his father through an assignment order, dated 14.06.2002. The further case of the 1/3
petitioner is that his father died on 18.07.2002 and thereafter, the property has been inherited by the petitioner and other legal heirs.
3. The petitioner made a representation before the fifth respondent on 17.04.2021 seeking for mutation of the revenue records and to make necessary changes in the name of the petitioner and other legal heirs. Since the same was not considered, the present Writ Petition had been filed before this Court seeking for appropriate directions.
4. Heard Mr.K.A.S.Prabhu, learned counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate appearing for the respondents.
5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the fifth respondent to consider the representation made by the petitioner on 17.04.2021 and deal with the same on its own merits and in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. If there are any other interested parties claiming right over the subject property, they shall also be issued with notice and an opportunity shall also be given to them.
7. The petitioner is directed to make a fresh representation to the fifth respondent along with all the relevant documents and also a copy of this order.
8. This writ petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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.
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To 1.The District Collector, Sivagangai, Sivagangai District.
2.The District Revenue Officer, Sivagangai, Sivagangai District.
3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.
4.The Tahsildar, Manamadurai Taluk, Sivagangai District.
5.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.
+1 CC to M/s.GP ( SR-23508[F] dated 22/07/2021 ) 20.07.2021 CM(CO) KB(30.07.2021) 3P 7C 3/3