Shanmugavel P v. The District Revenue Officer
W.P.(MD).No.20984 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.20984 of 2021 P.Shanmugavel ... Petitioner Vs.
1.The District Revenue Officer, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.
3.The Tahsildar, Radhapuram Taluk, Tirunelveli District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the first respondent to enter the names of the legal heirs of the father of the petitioner by name Thoosimuthu Thevar in the revenue records in respect of the lands in Survey Nos.41/1 and 43 situated in Thanakarkulam Village, Radhapuram Taluk, Tirunelveli District which are wrongly shown as Government lands by considering the petitioner's representation dated 24.09.2021. For Petitioner : Mr.K.Jeyamohan For Respondents : Mr.S.Shanmugavel Additional Government Pleader
ORDER
The petitioner had given a representation to the first respondent/the District Revenue Officer, Tirunelveli District seeking to record the names of legal heirs of the petitioner's father in the revenue records with respect to the lands in Survey Nos.41/1 and 43 situated in Thanakarkulam Village, Radhapuram Taluk, Tirunelveli District.
2. Mr.S.Shanmugavel, learned Additional Government Pleader takes notice for respondents 1 to 3.
3. It is claimed by the petitioner that the said properties were purchased by his father by two separate sale deeds on 01.06.1977 and 29.05.1978. The petitioner had also filed a copy of all the encumbrance certificates from the year 1945 and it does not reflect any other transaction. The owners of surrounding lands https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD).No.20984 of 2021 had also made various conveyances / encumbrances over adjoining lands. However, when the revenue records were examined, the petitioner found that the lands had been categorized as Government lands. In this connection, he had given a representation to the first respondent on 24.09.2021.
4. A direction is given to the first respondent to examine the said representation, examine the revenue records, examine the records produced by the petitioner and thereafter take a considered decision with respect to complying the representation given by the petitioner herein. The first respondent may either accede to comply with the request or if he is to take a decision otherwise, he should pass a detailed order giving reasons and also the copies of extracts of the revenue records so that the petitioner can move forward with the same. The first respondent shall complete the entire exercise within a period of twelve (12) weeks from the date of receipt of a copy of this order.
5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Nsr/Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Revenue Officer, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.
3.The Tahsildar, Radhapuram Taluk, Tirunelveli District.
+1 CC to M/s.K. JEYAMOHAN, Advocate ( SR-35824[F] dated 25/11/2021 ) +1 CC to M/s.SPL GP ( SR-35881[F] dated 25/11/2021 ) W.P.(MD).No.20984 of 2021 24.11.2021 KMV(CO) GC(03.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2