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Madras High CourtWP/970/2024disposed of

K.Kamalakannan v. The District Collector

2024-01-18Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN K.Kamalakannan ... Petitioner versus 1.The District Collector, Tiruvallur Collectorate, Tiruvallur - 630 001.

2.The Revenue Divisional Officer, Revenue Division Office, Kasinathapuram, Tiruttani - 631 209.

3.The Tahsildar, R.K.Pettai Taluk Office, Tiruvallur District.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents to carry out the corrections in the Land-Register pertaining to the property comprised in Survey No.278/17G (16 cents), 278/17-I (16 cents), 283/5A Pg.Nos.1/6

(37 cents), 280/10A (47 cents) as per the recommendation of the 3rd respondent vide Na.Ka.No.193/2022/Aa6 and issue the rectified Patta No.7984 including survey Nos.278/17G and 17I, Patta No.7985 for Survey No.280/10A and Patta No.8655 for survey No.283/5A exclusively in the petitioner name respectively deleting the wrong entries and issue the Patta for survey No.278/16 in the petitioner favour deleting the wrong entries considering the petitioner's representation dated 01.12.2023. For Petitioner :

Mr.J.Ashok For Respondents :

Mr.R.U.Dinesh Rajkumar Additional Government Pleader

O R D E R

Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader accepts notice for respondents. With the consent of both parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has given a representation to the second respondent on 01.12.2023, seeking to make necessary corrections in the land register pertaining to the subject properties as per the recommendations of the third Pg.Nos.2/6

respondent and issue rectified Patta exclusively in the name of the petitioner by deleting the wrong entries. Since the said representation has not been considered till date, the present Writ Petition has been filed.

3. The learned counsel for the petitioner submitted that the petitioner is the absolute owner of the subject properties, while so, Patta No.7984 was issued in favour of the petitioner in respect of S.Nos.278/17F, 17G, 17I and 283/5A and Patta No.7985 was issued in respect of S.No.280/10A and Patta No.8655 was issued in respect of S.No.283/5A. However, Patta No.8655 was mistakenly issued including some third parties name viz., i) V.Venkatesan S/o.Varadaraj, Bandhikuppam Village, Sri Kalikapuram, R.K.Pettai Taluk, Tiruvallur District and ii) M.Karthikeyan, S/o.Moorthy, Bandhikuppam Village, Sri Kalikapuram, R.K.Pettai Taluk, Tiruvallur District, along with the petitioner. Hence, the petitioner has given a representation to the respondents for making necessary corrections and issue Patta exclusively in his name.

4. It is seen that the third respondent has already conducted an Pg.Nos.3/6

enquiry and given No Objection to carry out the corrections and also submitted a report to the second respondent, by considering the application of the petitioner dated 16.05.2022. However, the second respondent has not passed the final order till date.

5. Since this writ petition is being disposed of without passing any adverse orders against the aforementioned third parties, affecting their interest, it is not necessary to implead them as respondents in this writ petition.

6. This Court, at this stage, is not expressing any view on the merits of the matter, as it is for the second respondent to consider and decide the same on merits and in accordance with law. Since the limited prayer sought for in this writ petition is for disposal of the representation, this Writ Petition is disposed of, by directing the second respondent to consider the representation of the petitioner dated 01.12.2023 and pass appropriate orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner, V.Venkatesan S/o.Varadaraj, and Pg.Nos.4/6

M.Karthikeyan, S/o.Moorthy, as well as rival claimants/objectors/interested parties, if any, and after conducting enquiry, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.

18.01.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector, Tiruvallur Collectorate, Tiruvallur - 630 001.

2.The Revenue Divisional Officer, Revenue Division Office, Kasinathapuram, Tiruttani - 631 209.

3.The Tahsildar, R.K.Pettai Taluk Office, Tiruvallur District.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 18.01.2024 Pg.Nos.6/6