Madras High CourtWP(MD)/15783/2019disposed of

R.Karthikeyan v. The District Collector

2019-07-16Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15783 of 2019 R.Karthikeyan ... Petitioner -Vs1.The District Collector, 2.The Revenue Divisional Officer, Vannagovil Post, Srirengam Taluk, 3.The Tahsildar, Manapparai, ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, to direct the 3rd respondent to carry out the necessary changes in the revenue records on the basis of the petitioner's representation dated 06.05.2019 with regard to government assignment of land issued in favour of the petitioner for S.F.No.344/1B Punjai admeasuring an extent of 0.19.5 hectares in Nallampillai Village, Manapparai Taluk, Trichy District within the reasonable time to be fixed by this Court.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.M.Rajarajan, G.A.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the 3rd respondent to carry out the necessary changes in the revenue records on the basis of the petitioner's representation dated 06.05.2019 with regard to government assignment of land issued in favour of the petitioner for S.F.No.344/1B Punjai admeasuring an extent of 0.19.5 hectares in Nallampillai Village, Manapparai Taluk, Trichy District within the reasonable time to be fixed by this Court.

2.Heard Mr.P.Ganapathi Subramanian, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents.

3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.

4.The petitioner claimed that the land in S.F.No.344/1B to an extent of 0.19.5 hectares in Nallampillai Village, Manapparai Taluk, Trichy District had been assigned to the petitioner by assignment order dated 03.07.2006. Though such an assignment has been made and the petitioner had been in possession and enjoyment of the subject land, in the revenue records, the same has not been mutated, that means, the name of the petitioner has not been stated in the revenue records in respect of the said lands and in this regard, though several efforts have been taken by the petitioner, nothing had come. Therefore, the petitioner had given a detailed representation on 06.05.

2019 to the respondents and therefore, the learned counsel appearing for the petitioner would submit that, if the said representation is decided and needful is done within a time to be stipulated by this Court, the petitioner would be satisfied. 5.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the said representation of the petitioner would be considered by the 3rd respondent and final orders on merits would be passed, on merits, within a time frame by the 3rd respondent.

6.In view of the said submissions made by both sides and having regard to the facts of the case, this Court is inclined to dispose of this writ petition with the following direction: "The 3rd respondent is hereby directed to consider the representation of the petitioner dated 06.05.2019 and pass orders thereon, on merits and in accordance with law and in this regard, if need be, the petitioner can be heard and at any rate, final order shall be passed within a period of six weeks from the date of receipt of a copy of this order."

7.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To 1.The District Collector, 2.The Revenue Divisional Officer, Vannagovil Post, Srirengam Taluk, Trichy District.

3.The Tahsildar, Manapparai, +1 CC to M/s.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-75593[F] dated 16/07/2019 ) +1 CC to M/s.SPL GP ( SR-75708[F] dated 17/07/2019 ) Order made in W.P.(MD)No.15783 of 2019 Dated:

16.07.2019 JM/03.09.2019/3P/6C