Alagarsamy K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN K.Alagarsamy ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2. The District Revenue Officer, Collectorate - Thoothukudi, 3.The Revenue Divisional Officer, Kovilpatti, 4.The Tahsildar, Vilathikulam Taluk, 5.The Village Administrative Officer, Sivalarpatti village, Vilathikulam Taluk, ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 4 and 5 to 1/5

consider the petitioners representation dated 03.02.2022 and to make mutation entry of the petitioners name in the Village Register, Taluk Register and other revenue records with regarding to his property for an extent of 8 1/2 cents in Survey No.23/12 (Jameen Adangal Survey No.15) situated at Sivalarpatti Village, Vilathikulam Taluk, Thoothukudi District on the basis of his Sale Deed Document No.1072/1956 dated 30.06.1956 and grant patta in his name fro his above said property.

For Petitioners : Mr.M.R.Sreenivasan Advocate.

For R1 to R5 : Mr. N.Muthuvijayan Special Government Pleader

ORDER

This writ petition has been filed in the nature of a mandamus seeking a direction to the fourth and fifth respondents, Tahsidar, Vilathikulam Taluk, Thoothukudi District and the jurisdictional Village Administrative Officer at Sivalarpatti Village, Vilathikulam in Thoothukudi, to consider a representation given by the petitioner on 03.02.2022 and make mutation entry by including the name of the petitioner in the Village register, Taluk Register and other revenue records relating to the property measuring 8 1⁄2 cents in Survey No.23 / 12 (Jameen Adangal SurveyNo.15) at Sivalarpatti Village, Vilathikulam Taluk, 2/5

2. The petitioner claims that he had purchased the said property by a sale deed dated 30.06.1956 and registered at document No.1072 of 1956. In the affidavit filed in support of the writ petition, it had been stated that the said property had been sold to the petitioner and his brother Veerasamy by one Chennappa Naicker. Both the petitioner and his brother took possession and claim title. Thereafter, there was an partition among the family members and this entire 8 1⁄2 cents was allotted to the petitioner herein. The petitioner stated that unfortunately his name has not been mutated in the revenue records. He had given a representation in this regard.

3. Learned Special Government Pleader had forwarded instructions from the Tahsildar, who stated that if the petitioner files necessary application and produces relevant documents, then the said application would be considered. 4.Learned counsel for the petitioner may, therefore, take steps to ensure that the petitioner files necessary application through online and thereafter, direction is issued to the Tahsildar / 4th respondent to issue notice to the petitioner and call upon the petitioner to produce relevant documents and to consider such documents and pass necessary orders on the application of the 3/5

petitioner herein. Such orders should be passed within a period of eight weeks from the date on which the petitioner files the application. 5.This Writ Petition stands disposed of. No costs. 22.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn To 1.The District Collector, Thoothukudi District, Thoothukudi.

2. The District Revenue Officer, Collectorate - Thoothukudi, 3.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District. 4.The Tahsildar, Vilathikulam Taluk, Thoothukudi District. 5.The Village Administrative Officer, Sivalarpatti village, Vilathikulam Taluk, Thoothukudi District.

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C.V.KARTHIKEYAN, J.

pnn

ORDER

IN 22.06.2023 5/5