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Madras High CourtWP/7155/2022disposed of

K.Gopalan v. The Sub Collector/ Revenue Divisional Officer,

2022-03-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. No. 7155 of 2022 K.Gopalan

...Petitioner

Vs.

The Sub Collector/Revenue Divisional Officer, Mettur Taluk, Mettur Dam - 1, Salem District.

...Respondent

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 04.01.2021 and issue patta and chitta adangal in petitioner name for the Survey No.569/1 situated at Mallikundam Village, Mettur Taluk, Salem District. For Petitioner :

Mr.A.Kumar For Respondent :

Mr.A.Anandan Government Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 04.01.2021 and issue patta and chitta adangal in petitioner name for the Survey No.569/1 situated at Mallikundam Village, Mettur Taluk, Salem District. 2.

Mr.A.Anandan, learned Government Advocate, takes notice for the respondent. By consent of both the parties, the writ petition is taken up for final disposal at the time of admission itself.

3.The facts of the case are as follows:

The case of the petitioner is that the petitioner is the owner of the property in Survey No.569/1, situated at Mallikundam Village, Mettur Taluk, Salem District. Thereafter, the petitioner came to know that the Revenue officials had issued patta in the name of one K.Manikkam. However, there is no such person available in the name of K.Manikkam in the said village. Thereafter, the petitioner made a representation dated 04.01.2021 to cancel and transfer the patta in the name of the petitioner. However, till date,

the representation was not considered and hence the present writ petition is filed.

4.

The learned counsel for the petitioner submitted that this Court may issue a direction to the respondent to consider the representation of the petitioner dated 04.01.2021 and may pass appropriate orders within the stipulated time as fixed by this Court.

5.

On the other hand, the learned Government Advocate appearing for the respondent submitted that the petitioner claims that he is the owner of the property in Survey No.569/1, situated at Mallikundam Village, Mettur Taluk, Salem District. However, instead of filing the application before the appellate authority, the petitioner has filed an application before the respondent, for cancellation of patta which is alleged to have been wrongly issued in the name of K.Manikkam, which is not sustainable. If any application is filed before the concerned Jurisdiction Thasildar, it will be considered and appropriate orders will be passed on merits within the time frame to be fixed by this Court. 6.

Heard, the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondent and perused the materials available on record. 7.

Considering the facts and circumstances of the case, viz., the petitioner claims that he is the owner of the property in Survey No.569/1, situated at Mallikundam Village, Mettur Taluk, Salem District, the patta was issued in the name of the said K.Manikkam and however, there is no such person available in the name of K.Manikkam in the said village. In these circumstances, making of an application to the respondent herein for modification of entries or cancellation of the patta is not sustainable. However, the petitioner is given liberty to file an application in terms of Section 10 of the Patta Passbook Act before the concerned Jurisdiction Thasildar. If such complaint in filed on the file of the concerned Jurisdiction Thasildar, the Thasildar is directed to pass appropriate order after providing an opportunity of hearing to the petitioner on merits and in accordance with law, as early as possible.

8.

With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar

mn/rli To The Sub Collector/Revenue Divisional Officer, Mettur Taluk, Mettur Dam - 1, Salem District.

W.P. No. 7155 of 2022 SKM (CO) PR (08/04/2022)