Rajeswaran, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2017
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.6823 of 2017 Rajeswaran ..Petitioner Vs 1.The District Collector, District Collector Office, Sivaganga, Sivaganga District.
2.The Revenue Divisional Officer, R.D.O. Office, Devakottai, Sivaganga District.
3.The Special Tahsildar, Urban Land Tax Scheme, Special Tahsildar Office, Karaikudi, Sivaganga District.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent herein to implement the proceedings made in Mu.Mu.A1-2717-2015 dated 22.05.2015 on the file of 2nd respondent herein in the light of petitioner's representation dated 21.03.2017 within a stipulated period as may be fixed by this Hon'ble Court.
For Petitioner :Mr.R.Sundar For Respondents :Mr.D.Muruganandham Additional Government Pleader
ORDER
The petitioner has approached this Court seeking a direction to the 3rd respondent herein to implement the proceedings made in Mu.Mu.A1-2717-2015 dated 22.05.2015 on the file of 2nd respondent herein in the light of petitioner's representation dated 21.03.2017 within a time frame.
2.The case of the petitioner is that he is the absolute owner of the property in T.S.No.502/1B, Survey Ward No.2, Sekkalaikottai Group, Karaikudi Taluk, measuring an extent of 896 square meters. According to the petitioner, overlooking the title and ownership of the petitioner, the subject property has been described as Sarkar Poramboke in the revenue classification. According to the petitioner, such classification is incorrect and therefore, he was constrained to submit a representation before the 2nd respondent on https://hcservices.ecourts.gov.in/hcservices/
11.05.2015. Thereafter, enquiry was initiated and conducted and spot verification was carried out. After conducting an elaborate enquiry, the second respondent by his proceedings dated 22.05.2015, directed the third respondent herein to make necessary corrections in the revenue records in favour of the petitioner. The said communication has also been received and acknowledged by the 3rd respondent.
3.The grievance of the petitioner is that inspite of the specific direction by the second respondent to the third respondent to mutate the revenue records in favour of the petitioner in respect of the subject property, the third respondent has not acted upon the direction and the issue has been kept pending without any decision being taken. In the circumstances, the petitioner has come up to this Court for issue of a Writ of Mandamus, directing the third respondent to implement the direction of the second respondent.
4.Heard Mr.R.Sundar, the learned counsel appearing for the petitioner and Mr.D.Muruganantham, the learned counsel appearing for the respondents.
5.Since the second respondent himself has directed the third respondent to effect change in the revenue records in favour of the petitioner, this Court deems it fit to direct the 3rd respondent to implement the direction of the second respondent. 6.Accordingly, this Writ Petition is disposed of directing the third respondent to implement the direction of the second respondent in Mu.Mu.A1-2717-2015 dated 22.05.2015 and pass orders within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The District Collector, District Collector Office, Sivaganga, Sivaganga District.
2.The Revenue Divisional Officer, R.D.O. Office, Devakottai, Sivaganga District.
3.The Special Tahsildar, Urban Land Tax Scheme, Special Tahsildar Office, Karaikudi, Sivaganga District.
+1 cc to Mr.R.Sundar, Advocate, SR.No.52734 +1 cc to Special Government Pleader, SR.No. 53139 W.P(MD)No.6823 of 2017 19.04.2017 sj MKV-SKN-RSK-SAR 2/26.4.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/