Subashini, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.03.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P(MD).No.5639 of 2016 Subhashini ... Petitioner Vs.

1.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

3.S.Ramasubramanian 4.S.Ramakrishnan 5.S.Ravichandran ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings of the second respondent in R.T.R.No.889/2013 dated 29.03.2013 and quash the same and consequently

direct the second respondent to delete the name of the respondents 3 to 5 from the Town Survey Register in respect of T.S.No.49/2. For Petitioner :Mr.R.Devaraj For Respondents :Mr.S.Kameswaran Government Advocate for R1 and R2 Mr.S.Ramasamy for R3 to R5

O R D E R

The petitioner challenges an order dated 29.03.2013 in R.T.R.No.889 of 2013 and, consequently, seeks a direction for deletion of the names of respondents 3 to 5 in the Town Survey Register in respect of T.S.No.49/2.

2. Learned Government Advocate has placed before me a communication dated 15.03.2023 from the Tahsildar to the Revenue Divisional Officer. In such communication, the Tahsildar has taken note of the decree in O.S.No.1 of 2012 and A.S.No.6 of 2020 to conclude that the names of Ramasubramanian, Ramakrishnan and Ravichandran should be deleted from the Town Survey Register. The communication has been sent

to the Revenue Divisional Officer to take further action thereon. If such actions were to be taken, the grievance of the petitioner would stand fully redressed.

3. Respondents 3 to 5 entered appearance through counsel, but did not appear either at the previous hearing on 16.03.2023 or at today's hearing. Therefore, the matter is proceeded with in their absence.

4. As discussed earlier, in the communication dated 15.03.2023, the decision of the second respondent is based on the decree in O.S.No.1 of 2012 and A.S.No.6 of 2020. As such, further action should be taken in accordance therewith so as to delete the names of respondents 3 to 5. The first respondent is directed to act on the communication dated 15.03.2023 and issue necessary orders within a period of four weeks from the date of receipt of a copy of this order.

5. Accordingly, W.P(MD).No.6467 of 2016 is disposed of on these terms without any order as to costs. Consequently, connected W.M.P(MD).No.5639 of 2016 is closed.

24.03.2023 NCC :Yes/No Internet :Yes/No Index :Yes/No ssb To 1.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

SENTHILKUMAR RAMAMOORTHY, J.

ssb 24.03.2023