B. Srinivasan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI B.Srinivasan ... Petitioner Vs.
1.The District Collector, District Collectorate, Madurai, Madurai District.
2.The Revenue Divisional Officer, District Collectorate, Madurai, Madurai District.
3.The Tahsildhar, Madurai North Taluk, Madurai.
4.The Town Surveyor, District Collectorate, Madurai, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 3 and 4 herein to mutate the revenue patta in respect of Survey No.13/3 Part correlated to TSLR Nos.186 and 189 at Sellur village, Madurai North Taluk, Madurai district in 1/5
favor of the petitioner by considering the representation dated 18.04.2025 within the time frame fixed by this Court.
For Petitioner : Mr.M.Arjun Varman For M/s.Roy and Roy Associates For Respondents : Mr.M.Lingadurai Special Government Pleader
O R D E R
Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.
2. The learned counsel for the petitioner would contend that based on Will executed by the petitioner's grandfather as well as paternal uncle, the petitioner has sought for mutation of revenue records in his favour. Despite effecting mutation of records in respect of various other properties, insofar as the subject property, the authorities are dragging their feet without effecting mutation. Hence, the petitioner has given a representation on 18.04.2025 seeking mutation of revenue records in favour of the petitioner.
3. Considering the fact that the petitioner's request is based on two Wills executed by the erstwhile land owners, the 3rd respondent is directed to consider 2/5
the petitioner's application / representation, dated 18.04.2025 and pass final orders, on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of copy of this order.
4. It is made clear that either non-registration of the Will or the fact that the Will has not been probated, shall not come in the way of the petitioner claiming right under the Will, more so since, in respect of other survey numbers and properties covered under the very same Will, the 3rd respondent has already acted upon and issued patta to the petitioner. Therefore, the said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.
5. With the above directions, this Writ Petition stands disposed of. No costs.
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To:
1.The District Collector, District Collectorate, Madurai, Madurai District.
2.The Revenue Divisional Officer, District Collectorate, Madurai, Madurai District.
3.The Tahsildhar, Madurai North Taluk, Madurai.
4.The Town Surveyor, District Collectorate, Madurai, Madurai District.
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P.B.BALAJI , J.
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