Ashokan. Bt v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W. P. (MD) No.25029 of 2022 B.T.Ashokan ... Petitioner

Versus

1.The District Collector, Office of Collectorate, Thanjavur.

2.The Tahsildar, Taluk Office, Old Court Road, Thanjavur.

... Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 05.07.2022 and by remainder dated 10.08.2022 made through the petitioner's lawyer notice and conduct enquiry and to issue town survey land register after removing the unconnected names regarding the property in T.S.No.1088/3A and T.S.No.1088/3B within stipulated time fixed by this Court.

For Petitioner :

Mr.S.Jayachandran For Respondents :

Mr.A.Kannan Additional Government Pleader

ORDER

This petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's 1/5

representation dated 05.07.2022 and by remainder dated 10.08.2022 made through his lawyer notice and conduct enquiry and to issue town survey land register after removing the unconnected names regarding the property in T.S.No.1088/3A and T.S.No.1088/3B within stipulated time fixed by this Court.

2.By consent of both sides, this petition is taken up for final hearing at the admission stage itself.

3.The case of the petitioner is that the property in T.S.No.1088/3, situated at No.79, Pudhupattinam Village, Thanajvur Taluk, belonged to one Late.Meenatchi Sundaram Chettiyar. On 18.11.1988, the petitioner's father had purchased 441 sq.ft with specific boundaries out of the total extent in T.S.No.1088/3 from the heirs of said Meenatchi Sundaram Chettiyar. After his demise, the petitioner and his brother was in possession of 441 sq.ft of said land. Thereafter, the property was sub-divided in T.S.No.1088/3A assessed in the name of Meenatchi Sundaram and T.S.No.1088/3B jointly assessed in the name of the petitioner and his brother and the same was recorded in the 'A' Register. Similarly, Survey Register also carried out the changes in the survey sketch. When the petitioner obtained computer generated Town Survey Land Register from the first respondent on 01.07.2022, it shockingly reveals that T.S.No.1088/3B has been assessed in the name of four others, who are 2/5

unconnected with the properties. Hence, to rectify the same, the petitioner approached the Head Clerk of the survey attached to the office of the second respondent, but she did not give any response. Thereafter, the matter was informed to the respondents through the petitioner's lawyer notice on 05.07.2022. But, the same did not evoke any response. Hence, the petitioner has filed this petition.

4.The learned counsel appearing for the petitioner submitted that it would suffice to issue a direction to the respondents to consider the petitioner's representation, 05.07.2022.

5.The learned Additional Government Pleader appearing for the respondents has no objection for such an order being passed by this Court. 6.Considering the above said submissions, this Court, without expressing any opinion on the merits of the matter, directs the respondents to conduct enquiry on the petitioner's representation dated 05.07.2022 as well as the remainder dated 10.08.2022 and conclude the same, after issuing notice to the parties concerned, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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7.With the above direction, this Writ Petition is disposed of. No costs. 04.11.2022 Index : Yes/No Internet : Yes/No Rmk To 1.The District Collector, Office of Collectorate, Thanjavur.

2.The Tahsildar, Taluk Office, Old Court Road, Thanjavur.

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V.BHAVANI SUBBAROYAN, J.

Rmk Order made in W.P.(MD) No.25029 of 2022 04.11.2022 5/5