K.Saravanan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.13566 of 2017 K.Saravanan

...Petitioner

Vs.

1. The District Collector, Pudukkottai District.

2. The Tahsildar, Viralimalai Taluk, Pudukkottai District.

...Respondents

PRAYER:Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd respondent to carry out the petitioners name in the revenue records, village accounts and computer data entry with regard to S.F.No. 146/5 measuring 0.0.03.0 ares of Komangalam Village, Viralimalai Taluk, Pudukkottai District, within a period to be stipulated by this court.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.A.Muthu Karuppan Additional Government Pleader

O R D E R

This writ petition is filed seeking for the issuance of a Writ of Mandamus, directing the 2nd respondent to carry out the petitioners name in the revenue records, village accounts and computer data entry with regard to S.F.No. 146/5 measuring 0.03.5 ares of Komangalam Village, Viralimalai Taluk, Pudukkottai District.

2.According to the petitioner, the Government has assigned 0.03.5 ares in S.F.No.146/5 of Komangalam Village, Viralimalai Taluk, Pudukkottai District by an order dated 28.06.2002, and as such, he has been in possession and enjoyment of the property for the past 50 years. He has also put up a hut in it and there is no rival claim for the property. https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner would further state that since his name was not entered in the revenue records, on 18.06.2014, he

requested the respondents to carry out relevant entries and on 03.11.2014, he gave an application to the first respondent in a grievance day meeting. Despite the instructions given by the District Collector and the Revenue Divisional Officer, the second respondent has not conducted enquiry and no endorsement has been made in the revenue records, hence, the present writ petition. 3.Heard Mr.P.Ganapathi Subramanian, learned counsel appearing for the petitioner and Mr.A.Muthu Karuppan, learned Additional Government Pleader, who takes notice on behalf of the respondents.

4.The petitioner has filed a additional type set contending that the representaion is given in the year November 2014 and December 2015 and subsequent representations were sent in the year 2017 to the Chief Minister's Cell. 5.In view of the above facts, this Court, without going into the merits of the claim made by the petitioner in this Writ Petition, directs the petitioner to send a representation enclosing a copy of this order along with the relevant documents to the second respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the second respondent shall consider the same and pass orders on merits in accordance with law, after providing opportunities to all necessary parties, if any, within a period of eight weeks, thereafter.

6.With the above direction , the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(writs) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Pudukkottai District.

2. The Tahsildar, Viralimalai Taluk, Pudukkottai District.

+1cc to The Spl.Government Pleader Sr.No.70252 VSG/MYR VB/MR/KKR/SAR1/08/09/2017/2P/4C W.P.(MD)No.13566 of 2017 02.08.2017 https://hcservices.ecourts.gov.in/hcservices/