R.Thimmappasamy Naicker (Died) v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08.02.2018

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.4338 of 2013 and M.P.(MD)No.1 of 2013 R.Thimmappasamy Naicker (died) Sivaraj . . .Petitioners -Vs1. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

2. The Tahsildar, Kovilpatti, Thoothukudi District.

. . .Respondents (Name of the Petitioner is substituted for the deceased sole petitioner vide Court order dated 08.02.2018 in W.M.P.(MD)No.19467 of 2017) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the 2nd respondent to measure the above said S.No.150/24, 150/25A, and 150/27A situated at Aasoor Village, Kovilpatti Taluk, Thoothukudi District and further direct the 2nd respondent to alter petitioner name in the village Chitta Adangal. For petitioners : Mr.G.Gomathi Shankar For respondents : Mr.M.Rajarajan Government Advocate

ORDER

According to the petitioner, he is the owner of the property in Survey Nos.150/24, 150/25A, and 150/27A situated at Aasoor Village, Kovilpatti Taluk, Thoothukudi District. He filed an application before the respondents to measure his land. But, the respondents refused to do so on the ground that the Survey No.150/24, during the settlement scheme, has been mentioned as Porampokku. In the said circumstances, he filed an application before the first respondent / Revenue Divisional Officer, to correct the entry and the application is now pending with the first respondent.

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2.It is represented by the learned Government Advocate that as on today the revenue records shows the said land as porampoke land and hence, the request of the petitioner to conduct survey cannot be accepted. However, since the application of the petitioner is still pending with the first respondent, now the first respondent by his proceedings in e.f.M6/6797/12 dated 14.09.2012 had directed the Tahsildar to file a report on the land in question and subsequent order will be passed. 3.In the above circumstances, the first respondent is directed to consider the application of the petitioner to correct the entries and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner. 4.With the aforesaid observations, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed.

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Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

2. The Tahsildar, Kovilpatti, Thoothukudi District.

+1cc to Mr.G.Gomathi Shankar, Advocate SR.No.47619 TA VB/SKN/RSK/SAR4/21.03.2018/2P/4C W.P.(MD).No.4338 of 2013 08.02.2018 https://hcservices.ecourts.gov.in/hcservices/