Anusiya v. The Dist. Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15883 of 2019 Anusiya ... Petitioner -Vs1.The District Collector, Office at District Collectorate, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Office at District Collectorate, Madurai.

4.The Tahsildar, Thirupparankundram Taluk, Thirupparankundram, Madurai.

5.The Revenue Divisional Officer, Thirumangalam, Madurai.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents herein 1 to 4 to consider to implement and execute the order already passed by the 3rd respondent in his proceedings in Na.Ga.NO.2001/2017/N dated 03.03.2019 to remove the wrong entry and include the petitioner's mother's name Bhagavathiyammal in respect of the land in Survey No.230/6 in patta No.517 situated at Thirupparankundram, Madurai and pass final orders on the representation of the petitioner dated 03.05.2019. For Petitioner : Mr.P.Venkatesan For Respondents : Mr.P.Kannithevan, AGP

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondents herein 1 to 4 to consider to implement and execute the order already passed by the 3rd respondent in his

proceedings in Na.Ga.NO.2001/2017/N dated 03.03.2019 to remove the wrong entry and include the petitioner's mother's name Bhagavathiyammal in respect of the land in Survey No.230/6 in patta No.517 situated at Thirupparankundram, Madurai and pass final orders on the representation of the petitioner dated 03.05.2019. 2.Heard Mr.P.Venkatesan, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents.

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

4.In order to rectify the wrong entry made in 'A' register and patta No.517 in respect of the land in Survey No.230/6 in patta No.517 situated at Thirupparankundram, Madurai, the petitioner had already approached the 3rd respondent. But, after having received the representation from the petitioner, the 3rd respondent passed an order dated 03.03.2018 in Na.Ka.No.2001/2017/N, where, the 3rd respondent directed the 4th respondent Tahsildar to act upon. 5.However, pursuant to the said order passed by the 3rd respondent, Revenue Divisional Officer, the 4th respondent has not so far acted upon and in this regard, a representation also was given by the petitioner on 03.05.2019 to the 3rd respondent. Therefore, the petitioner is before this Court.

6.I have heard the learned Additional Government Pleader appearing for the respondents, who would submit that, the 4th respondent would immediately act upon and pass necessary orders, making corrections in the patta as directed by the 3rd respondent in his proceedings dated 03.03.2018.

7.Considering the factual matrix of this case, this Court is inclined to dispose of this writ petition with the following direction:

"The 4th respondent is hereby directed to pass necessary orders, making corrections in 'A' register and patta in respect of the subject land belongs to the petitioner as per the directive issued by the 3rd respondent vide his proceedings dated 03.03.2018 and such needful shall be done by the 4th respondent, within a period of four weeks from the date of receipt of a copy of this order. 8.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar

To 1.The District Collector, Office at District Collectorate, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Office at District Collectorate, Madurai.

4.The Tahsildar, Thirupparankundram Taluk, Thirupparankundram, Madurai.

5.The Revenue Divisional Officer, Thirumangalam, Madurai.

+1 CC to M/s.P.VENKATESAN, Advocate ( SR-75871[F] dated 17/07/2019 ) +1 CC to M/s.SPL GP ( SR-75989[F] dated 18/07/2019 ) Order made in W.P.(MD)No.15883 of 2019 Dated:17.07.2019 Arul MS/03.09.2019/3P.7C