Gopaldas Dwarakadar, v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.6249 of 2016 Gopaldas Dwarakadar, Family Trust Estate, Through its Managing Trustee, GD.Gokuldoss, No.145, North Chithirai Street, Srirengam, Trichy - 6.

Petitioner Vs.

1.The District Revenue Officer, Trichy, Trichy District.

2.The District Collector, Trichy, Trichy District.

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent herein to consider the request for rectification of mistakes and for mutation of revenue entries in the name of the petitioner trust in respect of lands in 207/1, 267/2,272,273 and 275 situated in Kiliyur Village, Thiruvarambur 1/6

Taluk, Trichy District, as requested in the representation dated 01.08.2013.

For Petitioner :Mr.V.R.Shanmuganathan for Mr.AL.Kannan For Respondents :Mr.T.Vilavankothai Additional Government Pleader

O R D E R

This writ petition is filed for a Mandamus, directing the first respondent to consider the petitioner's representation, 01.08.2013, for rectification of mistakes and for mutation of revenue entries in the name of the petitioner Trust in respect of lands in 207/1, 267/2, 272, 273 and 275 situated in Kiliyur Village, Thiruvarambur Taluk, Trichy District.

2.The learned counsel appearing for the petitioner submits that the petitioner Trust is a Family Trust and the lands stated above belongs to the Trust. Apart from the above lands, the petitioner Trust is also having some other lands in:- 2/6

1. Survey Nos.268, 269,270,274/2 and 276/1 to an extent of 26.25 acres.

2. Survey Nos.207/1, 267/2, 272, 273 and 275 to an extent of 26.25 acres.

The Assistant Commissioner, Land Reforms, Chennai, under Tamil Nadu Land Reforms (Fixation of Ceiling) Act 1961, vide proceedings in M.R.1/3G/168/Trichy/Act17/70, dated 17.07.1972 has passed an order declaring the lands in Sl.No.1 as surplus lands and permitted the petitioner Trust to retain the lands mentioned in Sl.No.2 and the same was also published in the Tamil Nadu Gazette, dated 07.03.1973. However, during UDR survey, the aforesaid lands were entered as ''Tharisu'' in the revenue records by mistake. Therefore, the petitioner has approached the first respondent by way of written requests on 03.03.3009 and 01.08.2013. Since no action has been taken by the first respondent, the petitioner has filed this writ petition.

3.The learned Additional Government Pleader appearing 3/6

for the respondents by referring the written instructions of the first respondent, dated 24.02.2023 submits that the representation submitted by the petitioner is under consideration of the first respondent and they have to peruse the relevant records of the Assistant Commissioner of Land Reforms to take a decision and therefore, the first respondent requires ten more weeks to take a decision.

4.Considering the rival submissions made, this Court is inclined to dispose of this writ petition with a direction to the petitioner to submit a fresh representation along with the proceedings of the first respondent, dated 17.07.1972, Tamil Nadu Gazette Publication, dated 17.03.1973, other relevant revenue records along with a copy of this order to the first respondent within a period of one week from the date of receipt of a copy of this order. On such representation made by the petitioner, the first respondent shall take a decision and pass orders within a period of twelve weeks from thereon.

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5.With the above directions, this writ petition is disposed of. No costs.

24.02.2023 Index: Yes/No Internet: Yes/No vrn To 1.The District Revenue Officer, Trichy, Trichy District.

2.The District Collector, Trichy, Trichy District.

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B.PUGALENDHI, J vrn Order made in W.P(MD) No.6249 of 2016 24.02.2023 6/6