Madras High CourtWP(MD)/1524/2017partly allowed

K.Chandrabose v. The District Collector

2017-01-31Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.1524 of 2017 K.Chandrabose .. Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The District Revenue Officer, Sivagangai District.

3.The Revenue Divisional Officer, Sivagangai District.

4.The Tahsildar, Ilayangudi Taluk, Sivagangai Divisional, Sivagangai District.

5. Bose .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 24.01.2017 and other villagers dated 05.01.2017 and remove the baseless and evidence less revenue entries in the revenue records in Survey No.217 in Thayanoor village, Ilayangudi Taluk, Sivagangai District and its sub divisions and may grant entire area to Thayanoor hamlet for their utility as earlier; prevailing for more the 10 decades and pass such further or other orders.

For Petitioner : Mr.K.P.Narayanakumar For Respondents 1 to 4 : Mr.M.Govindan, Special Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to remove baseless and evidence-less revenue entries in revenue records in https://hcservices.ecourts.gov.in/hcservices/

respect of Survey No.217, Thayanoor village, Ilayangudi Taluk, Sivagangai District, by way of issuing a writ of mandamus. 2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 to 4. Considering the nature of the relief sought in the writ petition, notice need not be sent to the fifth respondent.

3.The learned counsel appearing for the petitioner has advanced his argument on the basis of averments made in the petition.

4.The learned Special Government Pleader appearing for the respondents 1 to 4 has contended that the petitioner has levelled certain allegations against the fifth respondent. 5.Considering the aforesaid factual circumstances and also considering the fact that a representation has been given on 24.01.2017 to the first respondent, this Court is inclined to pass the following order.

6.In fine, this writ petition is allowed in part without costs and the first respondent viz., District Collector, Sivagangai District is strictly directed to look into the representation dated 24.01.2017 and if there is any substance, proceed in accordance with law after giving proper opportunities to the persons concerned and dispose of the same within a period of two months.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar smn To 1.The District Collector, Sivagangai District.

2.The District Revenue Officer, Sivagangai District.

3.The Revenue Divisional Officer, Sivagangai District.

4. The Tahsildar, Ilayangudi Taluk, Sivagangai Divisional, Sivagangai District.

+1cc to Mr. K.P.NARAYANA KUMAR, ADVOCATE, SR NO.4930 MAS/SKN-MSK;08.02.2017:2P/6C ORDER MADE IN W.P(MD)No.1524 of 2017 31.01.2017 https://hcservices.ecourts.gov.in/hcservices/