M.Periyasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED : 07.07.2021 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.14054 of 2021 M.Periyasamy
...Petitioner
-Vs1. The District Collector Office of the District Collector Kallakurichi District, Kallkurichi
2. The Revenue Divisional officer Office of the RDO, Kallakurichi District Kallakurichi
3. The Tahsildar Chinna Salem Taluk Office, Chinna Salem Town and Taluk, Kallakurichi District
4. The Revenue Inspector Office of the Revenue Inspector Nainarpalayam Post, Chinna Salem Taluk Kallakurichi District
5. The Village Administrative Officer Office of the Village Administration Officer, Kugaiyur Village and Post, Chinna Salem Taluk Kallakurichi District.
...Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd Respondent to conduct enquiry and pass orders on the Petitioners Appeal dated 03.04.2021 submitted for the removal of three irrelevant names from the patta bearing No. 899 issued for the lands of an extent of 7 ares in Survey No. 202 /2 of Kugaiyur Village Chinna Salem Taluk Kallakurichi District. For Petitioner :
Mr.V.R.Appaswamee For Respondents :
Mr.K.M.D.Muhilan, Government Advocate
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the 2nd Respondent to conduct enquiry and pass orders on the Petitioners Appeal dated 03.04.2021 submitted for the removal of three irrelevant names from the patta bearing No. 899 issued for the lands of an extent of 7 ares in Survey No. 202 /2 of Kugaiyur Village, Chinna Salem Taluk, Kallakurichi District.
2. The case of the petitioner is that, the property at Survey No. 202 /2, Kugaiyur Village, Chinna Salem Taluk, Kallakurichi District to the extent of 7 Ares belong to the petitioner's father, from whom he has inherited the same and he has been in continuous possession and enjoyment of the property. When that being so, recently to meet out his financial crisis, when the petitioner verified the necessary documents pertaining to the schedule property from the Government portal, he came to know that Patta No.899, which has already been given as separate patta has been re-issued by inducting three third parties' names viz., (1) Sundharam Pillai (2) Kathip and (3) Chinnan.
On coming to know the same, when he had enquired with the office, he came to know that mistakenly the three individuals' names have been inducted in the patta and thereafter in order to rectify the same and to re-issue the patta, the petitioner has given a representation by way of appeal on 03.04.2021 to the second respondent ie., Revenue Divisional Officer, who is the appellate authority under the provisions of the Patta Passbook Act. However, since the said appeal / representation dated 03.04.2021 has not been considered so far, the petitioner has approached this Court with the aforesaid prayer.
3. Heard Mr.V.R.Appaswamee, learned counsel appearing for the petitioner, who, after having reiterated the aforesaid facts, seeks the indulgence of this Court to give suitable direction to the respondents to consider the representation / appeal of the petitioner.
4. Heard Mr.K.M.D.Muhilan, learned Government Advocate appearing for the official respondents, who would submit that, if any appeal by way of a representation had been filed on 03.04.2021 to the second respondent as against the patta No.899 issued in respect of the petitioner's land, the same would be considered by the second respondent on merits and in accordance with law, and in this regard, after hearing both the petitioner as well as the third parties, the needful would be done and final orders would be passed within a time frame stipulated by this Court.
5. In view of the said submission made by the learned counsel for the parties, and having regard to the aforesaid factual matrix as projected by the learned counsel for the petitioner, this Court is inclined to dispose of this writ petition with the following order.
● That there shall be a direction to the second respondent to consider the representation / appeal dated 03.04.2021 filed by the petitioner and decide the same on merits and in accordance with law, after giving an opportunity of hearing to both the petitioner as well as the third parties, whose names have been entered in the Patta, which is in question and accordingly, final orders shall be passed thereon within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar KST To
1. The District Collector Office of the District Collector Kallakurichi District, Kallkurichi
2. The Revenue Divisional officer Office of the RDO, Kallakurichi District Kallakurichi
3. The Tahsildar Chinna Salem Taluk Office, Chinna Salem Town and Taluk, Kallakurichi District
4. The Revenue Inspector Office of the Revenue Inspector Nainarpalayam Post, Chinna Salem Taluk Kallakurichi District
5. The Village Administrative Officer Office of the Village Administration Officer, Kugaiyur Village and Post, Chinna Salem Taluk Kallakurichi District.
+1 CC to Mr.V.R. Appaswamee, Advocate, Sr 31817. W.P.No.14054 of 2021 GPL(CO) LS(23/07/2021)