M.Jawahar v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2017
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD) No.16697 of 2017 M.Jawahar ... Petitioner -vs1.The District Collector, Sivagangai District.
2.The District Revenue Officer, Sivagangai District.
3.The Revenue Divisional Officer, Sivagangai District.
4.The Tahsildar, Kalayarkovil Taluk, Sivagangai District.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to forthwith carry out mutations in online website in respect of S.Nos.392/2, 3, 4, 5 situated at Palkulam Group, Sivagangai Taluk, Sivagangai District in the name of petitioner in all the revenue records and to issue a copy of the extract of petitioner's holding under 10(1) of the Board Standing Order.
For Petitioner : Mr.S.Srinivasa Raghavan For Respondents : Mr.A.Muthukaruppan Additional Government Pleader *****
O R D E R
This Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to forthwith carry out mutations in online website in respect of S.Nos.392/2, 3, 4, 5 situated at Palkulam Group, Sivagangai Taluk, Sivagangai District in the name of petitioner in all the revenue records and to issue a copy of
the extract of petitioner's holding under 10(1) of the Board Standing Order.
2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The petitioner would claim that the land in S.No.392/2, 392/3, 393/4, 393/2 was originally assigned in favour of Karuppayee, Meenal, Irulayee, Kalyanakumar by a proceedings dated 19.12.1992. The petitioner and his wife have purchased the lands in the year 2007 through registered sale deeds. The petitioner's wife died on 16.07.2017. Thereafter, the petitioner became owner of the entire properties.
4.The petitioner would further state that the third respondent cancelled the assignment, which was set aside by this Court and remanded back to the third respondent for fresh enquiry. After enquiry, the third respondent cancelled the assignment on 08.02.2010. The order of the third respondent was challenged by the petitioner in W.P(MD)No.1002 of 2011, which was allowed by this Court on 18.12.2014. Thereafter, the patta was restored in favour of the petitioner.
5.The petitioner would further state that though the name of the petitioner has been entered in the revenue records, the online website and 10(1) extract, the petitioner's name is not included. Hence, he sent a representation dated 06.04.2017. Since no order was passed, the present writ petition.
6.Mr.Srinivasa Raghavan, learned counsel appearing for the petitioner would submit that the fourth respondent sent a communication to the petitioner on 01.11.2016 stating that due to non availability of software, necessary entries were not made in the website and even after one year, there is no progress. 7.In view of the above facts, this Court, without going into the merits of the matter, directs the first respondent to consider the petitioner's representation and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of eight weeks from the date of receipt of a copy of this order.
8.With the above direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(ADII) /True Copy/ Sub-Assistant Registrar
To:
1.The District Collector, Sivagangai District.
2.The District Revenue Officer, Sivagangai District.
3.The Revenue Divisional Officer, Sivagangai District.
4.The Tahsildar, Kalayarkovil Taluk, Sivagangai District.
+One cc to The Special Government Pleader, SR.No.76920 +One cc to Mr.S.Srinivasa Raghavan, Advocate, SR.No.76776 rmk/skn RL/7c/2p/JC/SAR1/22/9/2017 W.P.(MD) No.16697 of 2017 05.09.2017