G.S.Pugazhendhi, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.08.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.17441 of 2017 G.S.Pugazhendhi .. Petitioner Vs.

1.The District Collector, Villupuram District, Villupuram.

2.The District Revenue Officer, Villupuram District, Villupuram.

3.The Revenue Divisional Officer, Tindivanam Taluk, Tindivanam, Villupuram District.

4.The Tahsildar, Tindivanam Taluk, Tindivanam, Villupuram District.

5.Amal Raj

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 3 and 4 herein to conduct enquiry and carryout necessary corrections in the revenue records and grant patta in the name of the petitioner in respect of land bearing Old S.No.134/6 New S.No.106/10 measuring in extent of 6 cents situate at Keezhsevari Village, Marakkanam Road, Tindivanam Taluk,Villupuram District considering the representation preferrred by the petitioner dated 15-06-2017 within the time may be stipulated by this Hon'ble Court.

For Petitioner : Mr.M.Venkadeshan For Respondents : M/s.A.Srijayanthi, Spl GP for R1 to R4 No appearance for R5

O R D E R

The relief sought for in this writ petition is for a direction to direct the Respondents 3 and 4 herein to conduct enquiry and carryout necessary corrections in the revenue records and grant patta in the name of the petitioner in respect of land bearing Old S.No.134/6 New S.No.106/10 measuring in extent of 6 cents situate at Keezhsevari Village, Marakkanam Road, Tindivanam Taluk,Villupuram District, considering the representation preferrred by the petitioner dated 15-06-2017. 2.The grievance of the writ petitioner is that he made an application for effecting necessary corrections in the revenue records and to grant patta in his name in respect of the property owned by him. However, the applications submitted by the writ petitioner in this regard has not been considered by the respondents 3 and 4.

3.The learned Special Government Pleader appearing on behalf of the respondents 1 to 4 states that there is a counter claim in this regard by the 5th respondent and therefore, the authorities competent are bound to consider the counter claim submitted by the 5th respondent also, while undertaking the process of enquiry in respect of the application submitted by the writ petitioner. It is needless to state that all the parties concerned are to be examined and provided with an opportunity to participate in the enquiry, while the process for grant of patta is undertaken under the provisions of the Patta Pass Book Act, 1983.

4.In this view of the matter and without going into the merits of the case, the 4th respondent is directed to consider the representation submitted by the writ petitioner on 15.06.2017 and pass orders on merits and in accordance with law by providing opportunity to the writ petitioner as well as to the 5th respondent within a period of twelve weeks from the date of receipt of a copy of this order.

5.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar kak

To 1.The District Collector, Villupuram District, Villupuram.

2.The District Revenue Officer, Villupuram District, Villupuram.

3.The Revenue Divisional Officer, Tindivanam Taluk, Tindivanam, Villupuram District.

4.The Tahsildar, Tindivanam Taluk, Tindivanam, Villupuram District.

+1cc to Mr.M.VENKADESHAN, Advocate, S.R.No. 55564 +1cc to the Government Pleader, S.R.No. 55670 W.P.No.17441 of 2017 KS(CO) TR(29/08/2018)