E.Thaninayagam v. The Assistant Settlement Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR E.Thaninayagam ... Petitioner vs.

1.The Assistant Settlement Officer (North) Office of the Commissioner and Director of Survey and Settlements, Chepauk, Chennai - 600 005.

2.District Collector, Thiruvallur District.

3.The Tahsildar Ponneri Taluk, Tiruvallur District - 601 204.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to carry out the necessary correction in the Village Accounts/Poneeri Taluk for survey No.77/1 in pursuance to the order passed by the 1st respondent in S.R.No.230/Sec.11(a)/PNI/74 dated 13.12.74.

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For Petitioner : Mr.V.Stalin for M/s.Row and Reddy For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the 3rd respondent to carry out necessary correction in the Village Accounts of Padiya Nallur Village, Ponneri Taluk, Thiruvallur District in respect of the land in Survey No.77/1 pursuant to the order passed by the 1st respondent in S.R.230/Sec.11(a)PNI/74, dated 13.12.1974.

2. It is the case of the petitioner that the 1st respondent passed an order on 13.12.1974 granting Ryotwari Patta in favour of petitioner's predecessor V.Muthukrishnan. However, till date, the Village Accounts have not been mutated by entering the name of V.Muthukrishnan. It is the further case of the petitioner that his father purchased the subject property from V.Muthukrishnan on 05.10.1998 under a registered Sale Deed.

3. Though the order passed by the 1st respondent granting Ryotwari Patta in favour of petitioner's predecessor-in-interest- V.Muthukrishnan is 2/5

produced, there is nothing available on record to show that the said order was brought to the notice of the 3rd respondent by the petitioner. Therefore, this Court is not inclined to issue any positive direction to the 3rd respondent to mutate revenue records as per the order passed by the 1st respondent. However, it is open to the petitioner to submit a representation in the light of the order passed by the 1st respondent before the 3rd respondent seeking mutation of revenue records, within a period of two weeks from the date of receipt of copy of this order. If any such representation is submitted by the petitioner before the 3rd respondent, the same shall be considered by the 3rd respondent and final orders shall be passed on its own merits and in accordance with law, within a period of six weeks from the date of receipt of copy of such representation.

4. With the above directions, the Writ Petition stands disposed of. No costs.

24.09.2024 Index : Yes/No Speaking order:Yes/No dm 3/5

To 1.The Assistant Settlement Officer (North) Office of the Commissioner and Director of Survey and Settlements, Chepauk, Chennai - 600 005.

2.District Collector, Thiruvallur District.

3.The Tahsildar Ponneri Taluk, Tiruvallur District - 601 204.

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S.SOUNTHAR, J.

dm 24.09.2024 5/5