Govindasamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2022
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P.(MD).No.19366 of 2021 Govindasamy ... Petitioner Vs.
1.The District Collector, District Collector Office, 2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, 3.The Tahsildar, Ottapidaram Taluk Office, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to remove the names of purchaser said land from Balusamy legal heirs in the present patta no.1048 which is contained survey no.200(1) and transferred the patta no.547 from my father Gurusamy to theirselves by respondents pursuant to the petitioner representation dated 13.12.2021 and pass such order. For Petitioner : Mr.V.Thiyagarajan For Respondents : Mr.D.Ghandiraj, Special Government Pleader.
ORDER
Heard Mr.V.Thiyagarajan, learned counsel for the petitioner and Mr.D.Ghandiraj, learned Special Government Pleader who takes notice for the respondents.
2. The Writ Petition has been filed in the nature of Mandamus seeking a direction against the respondents, to consider a representation dated 13.12.2021. The petitioner had sought removal 1/3
of certain names in Patta No.1048 in Survey No.200(1) by way of the said representation.
3. The petitioner is a senior citizen who had retired from Indian Army Service. His father had also retired from Indian Army Service. The petitioner's father was granted a free patta land, from the Government for his service to the Nation, which was in Patta No.547 and Survey No.200(1) totally measuring 1.21.5 hectares at Araikulam Village, Ottapidaram Taluk, Tuticorin District. It is stated that the petitioner, after retirement, was also enjoying the said lands. In this connection, there had been mutation of several other names in the revenue records with respect to the patta and therefore, the petitioner had given a representation on 13.12.2021.
4. A direction is given to the third respondent / the Tahsildar, Ottapidaram Taluk Office, Tuticorin District, to issue notice to the petitioner and also to any rival claimants, examine the petitioner, examine all those who are concerned with the aforesaid lands and examine the documents and thereafter, take a considered decision on the basis of the representation given by the petitioner herein. The entire exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.
5. With the said observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) 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 Collector, District Collector Office, 2/3
2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, 3.The Tahsildar, Ottapidaram Taluk Office, +1 CC to M/s.S.ARUMUGAM, Advocate ( SR-1131[F] dated 11/01/2022 ) 10.01.2022 RD(31.01.2022) 3P 5C 3/3