Gurusamyboyan. R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.21572 of 2022 and W.M.P.(MD).No.15719 of 2022 R.Gurusamyboyan ... Petitioner vs.

1.The District Collector, Theni District, Theni.

2.The District Revenue Officer, Theni District, Theni.

3.The Revenue Divisional Officer, Periyakulam, Theni District.

4.The Tahsildar, Periyakulam Taluk, Theni District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to 1/6

conduct fair and proper enquiry into the illegal mutations made in the revenue records pertaining to the petitioner's land comprised in S.No. 3218/1 situated at Thenkarai Village, Periyakulam Taluk, Theni District, rectify the same and issue patta in the petitioner's name. For Petitioner : Mr.A.Jayaramachandran For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to conduct fair and proper enquiry into the illegal mutations made in the revenue records pertaining to the petitioner's land comprised in S.No.3218/1 situated at Thenkarai Village, Periyakulam Taluk, Theni District, rectify the same and issue patta in the petitioner's name.

2. The grievance of the petitioner is that he has made a representation to the first respondent on 23.08.2021, seeking to issue patta in his name in respect of the property comprised in S.No.3218/1 2/6

situated at Thenkarai Village, Periyakulam Taluk, Theni District and the same was forwarded by the first respondent vide his proceedings dated 27.08.2021 to the fourth respondent, to take action and to report the same to the first respondent. However, no action has been taken so far by the fourth respondent. When the petitioner approached the fourth respondent office, he was informed that the land comprised in S.No.3218/1 has already been subjected to several sub divisions and pattas were also issued in the name of several persons. Hence, the petitioner has filed the present writ petition.

3. Mr.D.Sadiq Raja, learned Additional Government Pleader appearing for the respondents would submit that the petitioner's claim can be considered only by the District Revenue Officer and the petitioner has to approach the District Revenue Officer.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3/6

5. Considering the above said submission, this Court directs the petitioner to give a representation to the District Revenue Officer, Theni District, Theni, the second respondent herein afresh within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the second respondent is directed to consider the same and pass appropriate orders, on merits and in accordance with law, after affording an opportunity to the parties concerned, within a period of sixteen weeks thereafter.

6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 28.11.2022 Index:Yes/No Internet:Yes/No akv 4/6

To 1.The District Collector, Theni District, Theni.

2.The District Revenue Officer, Theni District, Theni.

3.The Revenue Divisional Officer, Periyakulam, Theni District.

4.The Tahsildar, Periyakulam Taluk, Theni District.

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V.BHAVANI SUBBAROYAN,J.

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