S. Muthusamy Vs The District Collector

in the revenue records with regard to S.No.59/15, 18 and 21 of Amburpatti Village, Viralimalai Taluk, Pudukkottai District, on the basis of the 3^rd respondent's report dated 17.11.2021 in Na.Ka.2759/2016/A3 within a reasonable time.

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For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.C.Satheesh Government Advocate

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ORDER

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The petitioner seeks issuance of writ of mandamus, to direct the second respondent to consider the petitioner's representation for rectification of mistake in the revenue records, based on the report of the third respondent dated 17.11.2021.

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I have heard Mr.P.Ganapathi Subramanian, learned counsel for the petitioner and Mr.C.Satheesh, learned Government Advocate for the respondents.

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The specific case of the petitioner is that based on the

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assignment order issued by the Tahsildar, Kulathur, as early as in the year 1990, the petitioner has been in possession and enjoyment and has been 2/6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.28362 of 2024

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raising crops in the said property. The petitioner is also paying kist to the Government, besides also having availed of financial assistance from the Cooperative Primary Agricultural and Rural Development Bank Limited, Viralimalai. According to the petitioner, till 2014, the revenue records were reflecting only the name of the petitioner. However, when the petitioner went to apply for Bank loan in the year 2015, he found that his name had been deleted from the Chitta and immediately, the petitioner has made an application on 19.06.2015, to rectify the error. Report was called for from the 3^rd respondent and in and by proceedings dated 22.06.2015, the Tashildar has confirmed the order of assignment in favour of the writ petitioner. The Village Administrative Officer as well as the Revenue Inspector have also conducted field inspection and submitted report confirming possession and enjoyment of the writ petitioner. The petitioner therefore merely seeks for consequential order of rectification of the necessary revenue records as found and recommended by the Tahsildar, the Village Administrative Officer and the Revenue Inspector.

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3/6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.28362 of 2024

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In view of the above, there can be no impediment for the respondents to update the records and include the name of the petitioner in the village account. Merely because, the respondents have lost the original files relating to the assignment, the petitioner cannot be kept in limbo and in view of the fact that Revenue Authorities have all found that the petitioner to be in possession and the petitioner has also submitted the original assignment order and also earlier mutation of revenue records in his favour,the second respondent shall pass orders, directing inclusion of the name of the petitioner in the Village Account, within a period of four weeks from the date of receipt of a copy of this order.

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