N.Sivakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.5143 of 2025 N.Sivakumar ..Petitioner Vs.

1. The District Collector, Dharmapuri District, Dharmapuri

2. The District Revenue Officer, Dharmapuri Taluk, Dharmapuri District.

3. The Revenue Divisional Officer, Dharmapuri Taluk, Dharmapuri District.

4. The Tahsildar, Dharmapuri taluk, Dharmapuri District ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to issue the separate patta in the name of the father of the petitioner viz., Nanja Reddy in 1/5

respect of the said property being all that piece and parcel of land comprised in S.No.94/2 to an extent of 0.13.0 Hectare situated at Kodihalli Village, Pennagaram Taluk, Dhamapuri District.

For Petitioner : Mr.G.Selvaraj For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 04.08.2023 wherein the petitioner is seeking for issuance of separate patta in the name of his father's name with respect to the subject property. 2.

Heard Mr.G.Selvaraj, learned counsel for the petitioner and Mr.A.Selvendran, learned Special Government Pleader for respondents. 3.

The case of the petitioner is that his father has ancestral properties and the same was in possession and enjoyment of the family for generations together. Ultimately, a partition deed was entered into and the petitioner's father was alloted certain properties. The subject property is Survey No.94/2 and in the Government Records, it has been classified as "Natham". According to the 2/5

petitioner, the property has been wrongly classified as natham and whereas, it is a patta land which belongs to the petitioner's father. Hence, the petitioner made a representation on 24.02.2022 for a direction to the respondents to rectify and to update the name of the petitioner's father in the revenue records. Since the same was not considered, WP No.17613 of 2023 was filed before this Court. The above writ petition was disposed of by an order dated 14.06.2023 directing the petitioner to make an appropriate application before the concerned authority. Accordingly, the petitioner made a representation dated 04.08.2023. Since the same was not considered, the present writ petition has been filed before this Court.

4.

Taking into consideration the facts and circumstances of the case and considering the limited relief sought for in this writ petition, there shall be a direction to the 2nd respondent to deal with the representation made by petitioner on 04.08.2023 on its own merits and in accordance with law and necessary orders shall be passed within a period of eight weeks from the date of receipt of the copy of this order. Before passing final orders, the 2nd respondent shall issue notice to all the other interested parties and only after hearing them, final order 3/5

shall be passed.

5.

This writ petition is disposed of with the above directions. No costs.

24.02.2025 Index : Yes/No Internet : Yes/No Speaking Order / Non Speaking Order rka To

1. The District Collector, Dharmapuri District, Dharmapuri

2. The District Revenue Officer, Dharmapuri Taluk, Dharmapuri District.

3. The Revenue Divisional Officer, Dharmapuri Taluk, Dharmapuri District.

4. The Tahsildar, Dharmapuri taluk, Dharmapuri District N. ANAND VENKATESH, J.

rka 4/5

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