Venkatachalam v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.15569 of 2022 Venkatachalam

...Petitioner

Vs.

1. The Sub Collector, Mettur.

2. The Tahsildar, Mettur Taluk, Salem District.

...Respondents

Prayer:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to correct the error in the Patta No.1900 relating to Survey No.320/2 situated at Konur East Village, Mettur Taluk, Salem District.

For Petitioner : Mr.R.Marudhachalamurthy For Respondents R1 & R2 : Mr.R.P.Murugan Raja, Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the second respondent to correct the error in the Patta No.1900 relating to Survey No.320/2 situated at Konur East Village, Mettur Taluk, Salem District. 2.The case of the petitioner is that their family temple viz., Arulmigu Pachiamman Pooral Kottai is situated in S.F.No.320/2 was purchased in the name of temple way back on 22.04.1970. Thereafter, Patta was issued to the above said temple in Patta No.1900, however, inadvertently the survey number was entered wrongly by the Revenue Officials without even mentioning the name of the temple. Therefore, the petitioner made representations dated 02.02.2022 and 12.03.2022, seeking to rectify the error in the Patta issued by the second respondent, however, till date no orders have been passed on the

representations. Hence, the petitioner has filed this Writ Petition.

3.Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the second respondent to consider the petitioner's representations dated 02.02.2022 and 12.03.2022 and to correct the error in the Patta issued by the competent authority within a particular time frame that may be fixed by this Court.

4.The learned Government Advocate appearing for the respondents submitted that appropriate orders will be passed within a period of twelve weeks with regard to correcting the error made in the Patta issued to the temple.

5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case directs the second respondent to consider the petitioner's representations dated 02.02.2022 and 12.03.2022 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after affording opportunity of hearing to the petitioner and aggrieved persons, if any.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar Anu/sp To

1. The Sub Collector, Mettur.

2. The Tahsildar, Mettur Taluk, Salem District.

+1cc to M/s.R.Marudhachalamurthy, Advocate, S.R.No.39378 +1cc to the Government Pleader,High Court, Madras, S.R.No.39315 W.P. No.15569 of 2022 SJ(CO) RGA(18/07/2022)