P.K.Viswanathan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.K.Viswanathan Petitioner(s) Vs 1.The District Collector, Office of the District Collector, Rajaji Salai, 4th Floor, George Town, Chennai- 600 001.
2.The Revenue Divisional Officer, Chennai North, Tondiarpet.
3.The Tahsildar, Purasawakkam, No.3, Raja Muthaiah Salai, Purasawalkam, Chennai-03.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 3rd Respondent to issue modified patta by rectifying the extent of the property as 1,333 sq.ft (123.83 Sq. metre) instead of 93 sq.metre as mentioned in Patta bearing No. URB/ 02/ 02/ 002 in respect of property comprised in T.S.No. 219/2 Block No.7, Ward 1/5
No.001, situated in Purasawalkam Town (part- 2), Purasawalkam Taluk, Chennai District by considering the petitioners representation dated 20.09.2024. For Petitioner(s) : Mr.B.Vijay for Mr.S.Mohameduduman For Respondent(s) : Mr.P.Sathish Additional Government Pleader (for R1, R3)
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus to direct the 3rd Respondent to issue modified patta by rectifying the extent of the property as 1,333 sq.ft (123.83 Sq. metre) instead of 93 sq.metre as mentioned in Patta bearing No.URB/02/02/002 in respect of property comprised in T.S.No. 219/2 Block No.7, Ward No.001, situated in Purasawalkam Town (Part- 2), Purasawalkam Taluk, Chennai District by considering the petitioner's representation dated 20.09.2024.
3. It is submitted by the learned counsel for petitioner that the petitioner is the owner of the property in Survey No.219/2, Block No.7, Ward No.00, covered in Patta No.URB/02/02/002 measuring an extent of 1,333 sq.ft. (123.83 2/5
sq.metre). It is further submitted that the extent of the property has been erroneously shown in the patta as 93 sq.metre instead of 1333 sq. feet. A representation was made by the petitioner on 20.09.2024 seeking modification of patta, before the Revenue Divisional Officer (RDO) who in turn forwarded the same to Tahsildar for modification in terms of Tamil Nadu Patta Passbook Act, 1983. However, the same has not been considered till date. Hence this writ petition.
4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondent that the Tahsildar would consider the representation and pass orders in accordance with law within the time stipulated by this Court after affording the petitioner a reasonable opportunity of hearing, agreed to by the learned counsel for petitioner.
5. In view thereof, the writ petition stands disposed of with a direction to the 3rd respondent, to consider the representation dated 20.09.2024 made by the petitioner on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested parties, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views 3/5
with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law. No costs.
03.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:
1.The District Collector, Office of the District Collector, Rajaji Salai, 4th Floor, George Town, Chennai- 600 001.
2.The Revenue Divisional Officer, Chennai North, Tondiarpet.
3.The Tahsildar, Purasawakkam, No.3, Raja Muthaiah Salai, Purasawalkam, Chennai-03.
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MOHAMMED SHAFFIQ, J.
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