← Library
Madras High CourtWP/10666/2022disposed of

Munraj v. The District Collector

2022-04-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.10666 OF 2022 Munraj ... Petitioner Vs.

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Revenue Divisional Officer, Hosur, Krishnagiri District.

3. The Tahsildar, Hosur Taluk, Hosur, Krishnagiri District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider the representation of the petitioner dated 05.10.2021 to correct the mistake in the Patta already issued to the petitioner's father and issue Patta for the land measuring 53 cents comprised in S.No.455/4, Hosur Village and Taluk, Krishnagiri District as per the registered sale deed dated 16.05.1967.

For petitioner : Mr.P.Mani For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

The petitioner has filed this petition seeking to direct the 1st respondent to consider the representation of the petitioner dated 05.10.2021 to correct the mistake in the Patta already issued to the petitioner's father and issue Patta for

the land measuring 53 cents comprised in S.No.455/4, Hosur Village and Taluk, Krishnagiri Taluk as per the registered sale deed dated 16.05.1967.

2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondent. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that originally, the petitioner's father is the owner of the property comprised in S.No.455/4, measuring an extent of 53 Cents, situated at Hosur Village and Taluk, Krishnagiri District. While so, during UDR Scheme mistakes had crept in the revenue records, and hence, the Patta issued to the petitioner's father with a lesser extent of 49 Cents instead of 53 Cents. Hence, in order to rectify the said error, the petitioner's father had made an appeal dated 08.11.2010 before the first respondent. However, the said appeal was rejected by the first respondent by order dated 14.11.2011, on the ground that original documents were not annexed to enable him to carry out the necessary corrections. Thereafter, the said property was allotted to the petitioner by a partition among the family members.

Again, the petitioner had made a representation dated 05.10.2021 before the first respondent to rectify the said error. However, till date no action has been taken by the first respondent on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the first respondent to consider the petitioner's representation dated 05.10.2021 within the time frame that may be fixed by this Court.

5. The learned Special Government Pleader appearing for the respondents submits that admittedly, the petitioner made a representation before the first respondent, who is incompetent to correct errors in the Patta. Hence, the petitioner may be directed to make a representation before the Tahsildar, who is competent authority to made corrections in the Patta.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, permits the petitioner to make a representation before the third respondent/Tahsildar along with the annexed documents as instructed by the first respondent by order dated 14.11.2011, within a period of two weeks from the date of receipt of a copy of this order. If such a representation is made, the third

respondent/Tahsildar is directed to pass appropriate orders within a period of twelve weeks from the date of receipt of representation made by the petitioner, after affording an opportunity to the aggrieved persons.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar tri To

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Revenue Divisional Officer, Hosur, Krishnagiri District.

3. The Tahsildar, Hosur Taluk, Hosur, Krishnagiri District.

+1cc to Mr.P.Mani, Advocate, S.R.No.29627 +1cc to the Government Pleader, S.R.No.30893 W.P.No.10666 of 2022 PVS(CO) PM/19/05/2022