Kumarguru v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.1969 OF 2020
1. Kumarguru
2. Gnanaprakasam ... Petitioners .Vs.
1. The District Collector, Villupuram District, Villupuram.
2. The District Revenue Officer, Villupuram District, Villupuram.
3. The Revenue Divisional Officer, Dindivanam Division, Villupuram District.
4. The Tahsildar, Melmalayanur Taluk, Villupuram District.
... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd and 4th respondents to Change the patta in the name of the petitioners in old survey Nos. 40/1A, New Survey No.40/1A3 - 0.06 cents (Well 2/1 share), old survey No.66/1 New Survey No.66/1A - 0.56 Cents, 67/1B, New Survey No.67/1B1, 67/1B4 - 0.60 Cents, 67/1A2 - 0.2 1⁄2 (Well 3/1 Share) Survey No.40/9 - 0.38 cents 40/7C - 0.08 Cents Situated at Melkaranai Village and Vadavetti Village, Melmalaiyanur Taluk, Villupuram District pursuant to our representation dated 15.10.2018. For Petitioners : Mr.K.Krishnan For Respondents : Mr.P.Baladhandayutham Special Government Pleader
O R D E R
This writ petition has been filed to issue a Writ of Mandamus, directing the 3rd and 4th respondents to change the patta in the name of the petitioners in Old Survey No. 40/1A, New Survey No.40/1A3 - 0.06 cents (Well 2/1 share), Old Survey No.66/1, New Survey No.66/1A - 0.56 cents, 67/1B, New Survey No.67/1B1, 67/1B4 - 0.60 cents, 67/1A2 - 0.2 1⁄2 (Well 3/1 Share) Survey No.40/9 - 0.38 cents and Survey No. 40/7C - 0.08 cents situated at Melkaranai Village and Vadavetti Village, Melmalaiyanur Taluk, Villupuram District pursuant to the petitioners' representation dated 15.10.2018.
2. While pending the writ petition, the petitioners were called for enquiry and considered the documents produced by the petitioners. Thereafter, by an order dated 13.02.2020, the petitioners were ordered change of patta in respect of the land comprised in S.No.40/7C and issued new patta under Patta No.485 in favour of the petitioners.
3. In so far as other lands are concerned for change of patta were not considered on the ground that the petitioners failed to produce parental documents. Further, the petitioners were not able to correlate how their vendors claim the properties when the patta stands in the name of Punniyakotti and Pandian except the land comprised in S.No.40/7C. Therefore, if the petitioners produce any correlated documents with the persons in whose name the patta stands, the 4th respondent can consider the request of the petitioners.
4. Considering the above, the petitioners are directed to produce parental documents correlated to their vendors in respect of the subject properties except the land comprised in S.No.40/7C and on receipt of the same, the 4th respondent is directed to consider and pass order to issue patta in favour of the petitioners, within a period of eight weeks from the date of receipt of the original documents.
5. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar dm
To 1.
The District Collector, Villupuram District, Villupuram.
2.
The District Revenue Officer, Villupuram District, Villupuram.
3.
The Revenue Divisional Officer, Dindivanam Division, Villupuram District.
4.
The Tahsildar, Melmalayanur Taluk, Villupuram District.
+1cc to Mr.K.Krishnan, Advocate, S.R.No.297 +1cc to the Government Pleader, S.R.No.703 W.P.NO.1969 OF 2020 KSM(CO) PBS/21/01/2022