G.Chinnasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA G.Chinnasamy ... Petitioner Vs.
1. The District Collector, O/o.District Collector Office, Krishnagiri.
2. The District Revenue Officer, O/o.District Collector Office, Krishnagiri.
3. The Tahsildar, Pochampalli Taluk Office, Krishnagiri District.
4. The Village Administrative Officer, O/o.Village Administrative Office, Thimminayakkampatti Village, Pochampalli Taluk, Krishnagiri District.
5. Govindasamy
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 2nd respondent to dispose of Application No.10258972 dated 30.09.2024 for modifying the entries made in the UDR Patta due to the mistake of facts by providing 1/5
opportunity of hearing and pass appropriate order in terms of Section 10 of Tamil Nadu Patta Pass Book Act, 1983 read with Rule 4(7) of Tamil Nadu Patta Pass Book Rules, 1987 within a limited time frame. For Petitioner : Mr.T.Elumalai For R1 to R4 : Mr.A.Selvendran, Special Government Pleader
O R D E R
The petitioner is before this Court with the following relief: The petitioner would submit that the land measuring an extent of 60 1/2 cents in S.No.16/1, Thimmanayakkanpatty Village, Poliyampatty Post, Pochampalli Taluk, Krishnagiri District was joingly purchased by the petitioner's father Govindasamy, S/o.Lakshmanna Goundar under registered sale deed in the year 1960.
The revenue records have also been in their names. The aforesaid purchasers were jointly enjoying the property and UDR scheme which is introduced by the Government for surveying and classifying the lands in accordance with their nature and granting patta in the name of persons who are actually owners. The names of petitioner's father Govindasamy and his co-owner Munusamy have been left out and the same mutated in the name of their parties. This despite the fact of the original title deed namely Doc.No.1881 of 1960 is stood in the name of the petitioner's father and the 2/5
said Munusamy. The petitioner's father died on 10.04.1997 and Munusamy died on 19.07.2016. The legal heirs of both these persons continue to be in joint and possession of the enjoyment of the said property. Thereafter, the parties decided to partition deed. The lands and that point of time when they had verified the revenue records that had come to land about the error in the UDR patta namely the issue of patta in the name of Govindasamy, S/o.Chinnan @ Govindan without any parent document being the erroneous the petitioner had made an application dated 13.06.2024 to the second respondent to conduct an enquiry and modified the entry. However the same was not considered despite continuous representation on the side of the petitioner on 03.10.2024, 28.10.2024 and 04.11.2024. Therefore, the petitioner had not ..of this Court.
Heard the learned counsel on either side.
Taking into account, the submissions made and the documents filed by the second respondent before to him the representation has been made has not discharged its statutory duty in disposing of the representation. This despite other reminders. Therefore, the respondent has clearly failed to discharge its statutory duty.
In the result, this Writ Petition is allowed. A mandamus is issued to the second respondent to dispose of the application dated 13.09.2024 filed 3/5
by the petitioner for modifying the UDR patta within a period of two months from the date of receipt of a copy of this order. No costs. 20.01.2025 nvi Index : Yes/No Speaking Order: Yes/No To:
1. The District Collector, O/o.District Collector Office, Krishnagiri.
2. The District Revenue Officer, O/o.District Collector Office, Krishnagiri.
3. The Tahsildar, Pochampalli Taluk Office, Krishnagiri District.
4. The Village Administrative Officer, O/o.Village Administrative Office, Thimminayakkampatti Village, Pochampalli Taluk, Krishnagiri District.
4/5
P.T. ASHA . J., nvi 20.01.2025 5/5