M.Peer Mohammed v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN M.Peer Mohammed ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Palayamkottai Taluk, Palayamkottai, Tirunelveli.

3.V.S.T.Samsu Thabresh 4.The Revenue Division Officer, Tirunelveli, Tirunelveli District.

... Respondents [4th respondent is suo motu impleaded by this order today] Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the first and second respondents to cancel the Sub-Division as 25/2 in favour of the third Page No. 1 of 5

respondent in the Revenue Records, which is relating to the land of the petitioner in Survey No.25, R.S.No.25/C, T.S.No.28 to 50, 60, 61, 62, 63, 64 and 4, AR Block No.18 to an extent of 3 Acre 44 Cents out of 16A 73 Cents situated at Melappalayam Village, Tirunelveli District in favour of the third respondent based on the petitioner's representation dated 24.08.2018.

For Petitioner : Mr.T.Selvan For R1, R2 & R4 : Mr.S.P.Maharajan Special Government Pleader For R3 : Mr.M.P.Senthil *****

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the first and second respondents to cancel the SubDivision as 25/2 in favour of the third respondent in the Revenue Records, which is relating to the land of the petitioner in Survey No.25, R.S.No. 25/C, T.S.No.28 to 50, 60, 61, 62, 63, 64 and 4, AR Block No.18 to an extent of 3 Acre 44 Cents out of 16A 73 Cents situated at Melappalayam Village, Tirunelveli District, based on the petitioner's representation dated 24.08.2018.

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2. Although there is a request for adjournment by the learned counsel for the third respondent stating that the third respondent has died, this Writ Petition is disposed of by directing the Revenue Divisional Officer (RDO), Tirunelveli to consider and pass appropriate orders on the petitioner's representation dated 24.08.2018. Since the Revenue Divisional Officer (RDO), Tirunelveli is not a party to this proceedings, this Court is inclined to suo motu implead the Revenue Divisional Officer (RDO), Tirunelveli as the fourth respondent.

3. Since the third respondent has died during the pendency of this Writ Petition, the fourth respondent, before passing the orders, shall issue notice to the legal heirs of the third respondent herein.

4. In the result, this Writ Petition stands disposed of. No costs. 25.07.2024 Index: Yes / No Speaking Order / Non-Speaking Order JEN Page No. 3 of 5

Copy To:

1.The District Collector, Pudukkottai.

2.The Revenue Divisional Officer, Illupuram - Post and Taluk, Pudukkottai.

3.The Tahsildar, Kulathur - Post and Taluk, Pudukkottai District.

4.The Revenue Division Officer, Tirunelveli, Tirunelveli District.

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C.SARAVANAN , J.

JEN 25.07.2024 Page No. 5 of 5