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Madras High CourtWP(MD)/21488/2016disposed of

The Tiruchirappalli Misereor v. The District Collector

2016-11-09Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.21488 of 2016 The Tiruchirappalli Misereor Institute, Rep. By its Secretary, St. Joseph's College Campus, College Road, Tiruchirappalli - 620 002.

... Petitioner Vs.

1.The District Collector, Tiruchirapalli District, 2.The District Revenue Officer, Tiruchirapalli, 3.The Revenue Divisional Officer, 4.The Tahsildar, Tiruchirapalli East, ... 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 respondents to pass orders on the petitioner's representation, dated 13.10.2016 seeking to mutate the revenue records of S.F.No.174/1A1, 174/1A3, 184/3, 171/4 and 171/5 of Kottapattu Village, Trichy East Taluk, Tiruchirappalli District in the name of the petitioner's Society. For Petitioner : Mr.M.Saravanan For Respondents : Mr.K.Mahesh Raja Government Advocate

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

2.By consent, the Writ Petition itself is taken up for final disposal.

3.The petitioner has filed the Writ Petition directing the respondents to pass orders on his representation, dated 13.10.2016, seeking to mutate the revenue records of S.F.No.174/1A1, 174/1A3, 184/3, 171/4 and 171/5 of Kottapattu Village, Trichy East Taluk, Tiruchirappalli District in the name of the petitioner's society.

4.According to the petitioner, by an order, dated 17.04.1965 in G.O.No.1296, Revenue Department, certain lands were assigned to the petitioner's society for running Diary Farm and poultry. Subsequently, the petitioner's society has been in possession and enjoyment of the above property from the date of assignment. However, there was no mutation in the revenue records. Hence, he made several representations to the authorities to effect necessary changes in the revenue records. In the year 2001, the Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai, directed the District Revenue Officer to make necessary changes in the revenue records. Thereafter, the Tahsildar also filed a report to the District Collector on 10.08.2015, recommended for mutation of revenue records, which was also followed by recommendation by the Revenue Divisional Officer, dated 30.09.2015. Despite the same, the second respondent-District Revenue Officer is not taking any steps to carry out mutation in the revenue records.

5.In the above circumstances, since the petitioner's representation is pending for a long time, the second respondent is directed to consider the application of the petitioner, dated 13.1.2016, in the light of the order of assignment granted to them, and pass appropriate orders, on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

sd/- Assistant Registrar (CRL) /True Copy/ Sub Assistant Registrar ps To 1.The District Collector, Tiruchirapalli District,

2.The District Revenue Officer, Tiruchirapalli, 3.The Revenue Divisional Officer, 4.The Tahsildar, Tiruchirapalli East, +1CC to Mr.M.Saravanan, Advocate Sr.No.67404 +1CC to Spl.Government Pleader Sr.No.67465 Gjm/PV/5.12.16-3p-7C W.P(MD)No.21488 of 2016 09.11.2016