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Madras High CourtWP(MD)/26692/2024disposed of

Veeranathan v. The District Collector

2024-11-11Honourable Mrs Justice N. Mala5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Veeranathan

...Petitioner

/Vs./ 1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Tenkasi, Tenkasi District.

3.The Tahsildar, Taluk Office, Tenkasi, Tenkasi District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of mandamus to direct the second respondent to enter as Vizha Pooja Kattalai Thiruvavadudurai Aadhinam in Town Survey Land Register pertaining to survey No.462/1 with an extent of 72 cents and Survey No.463/1B with an extent of 8 cents situated at Courtalam, Tenkasi District by deleting the 'Thirucourtalanathaswamy Devasthanam'. For Petitioner : Mr.M.Ramu For R1 - R3 : Mr.R.Ragavendran Government Advocate 1/5

ORDER

This Writ Petition is filed seeking issuance of Writ of mandamus to direct the second respondent to enter as Vizha Pooja Kattalai Thiruvavadudurai Aadhinam in Town Survey Land Register pertaining to survey No.462/1 with an extent of 72 cents and Survey No.463/1B with an extent of 8 cents situated at Courtalam, Tenkasi District by deleting the 'Thirucourtalanathaswamy Devasthanam'.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The revenue records originally stood in the name of the petitioner. During Town survey in the year 2014, it was erroneously recorded in the name of 'Thirucourtalanathaswamy Devasthanam' instead of Vizha Poojai Kattalai, Thiruvavadudurai Aadhinam. The petitioner filed an application to the second respondent in November 2014 praying to rectify the mistake in revenue records which occurred during Town Survey Land Register. On receipt of the application, the second respondent forwarded the same to the third respondent by 2/5

proceedings 01.10.2014 and called for a report in the regard. But till date, the third respondent did not take any action. The petitioner therefore sent a reminder on 15.10.2024 to the respondents. It was received on 16.10.2024. Even thereafter, no action was taken. The petitioner therefore filed the present Writ Petition for the aforesaid relief. 4.The learned counsel for the petitioner submits that though larger relief has been prayed, it would suffice if a direction is issued to the third respondent to act on the communication of the second respondent dated 01.10.2024 within a time to be fixed by this Court.

5. Considering the limited prayer made by the learned counsel for the petitioner the following directions are issued: i)The third respondent is directed to submit a report to the second respondent on the basis of the communication of the second respondent dated 01.10.2014 within a period of four weeks from the date of receipt of a copy of this order.

ii) On receipt of the report, the second respondent shall pass orders on merits and in accordance with law within a period of eight weeks 3/5

thereafter.

6. With the above directions, this Writ Petition is disposed of. No costs.

11.11.2024 Index : Yes / No NCC : Yes / No CM TO:

1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Tenkasi, Tenkasi District.

3.The Tahsildar, Taluk Office, Tenkasi, Tenkasi District.

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N.MALA, J.

CM Order made in Dated:

11.11.2024 5/5