Veeran.C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH C.Veeran ... Petitioner Vs 1.The District Collector Trichy District, Trichy.

2.The District Revenue Officer Trichy District, Trichy.

3.The Commissioner, Thathiayangarpettai Panchayat Union, Trichy District.

4.A.Veerappan

...Respondents

(Respondent No.4 is impleaded vide order of this Court dated 16.11.2023 made in W.M.P.(MD).No.10770 of 2023 in W.P.(MD).No.20682 of 2021) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent No.2 to set right the wrong entries made as field pathway in respect of properties Comprised Survey Nos.188/3A and 188/7 situated in Devanur Village, Musiri Taluk, Trichy District, based on the petitioner's representation dated 01-11-2021.

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For Petitioner : Mr.M.Suresh Kumar For R-1 & R-2 : Ms.S.Jeyapriya, Government Advocate For R-3 : Mr.Sajibino For R-4 : Mr.S.Titus

O R D E R

This Writ Petition has been filed for the issue of writ of mandamus directing the second respondent to deal with the representation made by the petitioner on 01.11.2021, wherein, the petitioner has sought for the rectification of the wrong entries made in the revenue records with respect to the subject properties in Survey Nos.188/3A and 188/7 situated in Devanur Village, Musiri Taluk, Trichy District.

2. The petitioner claims to be the owner of the subject property. The grievance of the petitioner is that a wrong classification has been made in the revenue records as if the subject property is a public road (epytpay; ghij). The petitioner wanted the same to be corrected and hence, he made a representation before the second respondent. Since the same was not considered, the present Writ Petition has been filed before this Court.

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3. One of the villager has filed an impleading petition before this Court and the same was allowed and he was added as the fourth respondent in this Writ Petition. He claims that the petitioner had purchased the property only in the year 2006 and whereas, the public pathway is available for 100 years and the same was also reflected in the revenue records.

4. In the considered view of this Court, it is not necessary for this Court to undertake the exercise of finding out the nature of property involved. The representation is now pending before the second respondent and the second respondent can decide the same after giving an opportunity to the petitioner and the impleaded fourth respondent based on the available records.

5. In view of the above, there shall be a direction to the second respondent to deal with the representation dated 01.11.2021 made by the petitioner after affording an opportunity to the petitioner and the impleaded fourth respondent and an order shall be passed on its own merits and in 3/5

accordance with law within a period of three (3) months from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of with the above directions. No costs.

16.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The District Revenue Officer, 1.The District Collector Trichy District, Trichy.

2.The District Revenue Officer Trichy District, Trichy.

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N.ANAND VENKATESH, J.

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