Rajavelu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 Rajavelu ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli.

3.The Tahsildar, Sankarankovil Taluk, Sankarankovil, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 2 and 3 positively, no execute his 2nd respondent's order Ni. Mu.A3/300/2014 dated 27.06.2014 by sub dividing this petitioners father Sethu Thevars land in lands, to an extent of 1.24 acres, out of 3.24 acres, in total a extent of 6.48 acres, comprised in S.No.915/1 and 915/2 in perumpathur Village, Sankarankovil Taluk, Tiurnelveli District. 1/4

For Petitioner : Mr.F.X.Eugene For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader

ORDER

The petitioner's case is that though his father Sethu Thevar sold only two acres to one Santhamuthu out of 2.4 acres. The revenue record reflects the name of Santhamuthu for the entire 2.4 acres. Seeking correction of the same, the petitioner moved the second respondent. His application was rejected. Aggrieved by the same, the petitioner filed an appeal before the Revenue Divisional Officer, Tirunelveli. The Revenue Divisional Officer, Tirunelveli passed the order dated 27.06.2014 in favour of the petitioner. The grievance of the petitioner is that till date, the Tahsildar, Sankarankoil had not implemented the said proceedings. That led to filing of this writ petition.

2. When the matter was taken up for disposal, the learned Additional Government Pleader submitted that aggrieved by the order of RDO, the said Santhamuthu had filed revision before the DRO, 2/4

Tirunelveli on 16.04.2015. Due to bifurcation, the file is now with the DRO, Tenkasi. The petitioner is directed to get himself impleaded in the said revision that is now pending before the District Revenue Officer, Tenkasi. The District Revenue Officer, Tenkasi shall dispose of the revision on merits and in accordance with law after issuing notice to both the parties within a period of twelve weeks from the date of receipt of a copy of this order.

3. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 17.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi NOTE:Registry to mark a copy of this order to the District Revenue Officer, Tenkasi.

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli.

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G.R.SWAMINATHAN, J.

rmi 3.The Tahsildar, Sankarankovil Taluk, Sankarankovil, Tirunelveli District.

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