Senthil Kumar v. The Sub Collector /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

1. Senthil Kumar

2. Sankar ... Petitioner(s) Vs.

1. The Sub-Collector/Revenue Divisional Officer, Perambalur Taluk.

Perambalur District.

2. The Tahsildar, Perambalur Taluk, Perambalur District.

3. Raji

4. Jerina Begum

5. Rosan Begum

6. Noorjagan Begum

7. Mumtaz Begum

8. Kula Maitheen ... Respondent(s) 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 06.03.2025 (which had been served on the Revenue Divisional Officer/Sub-Collector, Perambalur on 10.03.2025).

For Petitioner(s) : Mr.N.Gowri For R1 and R2 : Mr.R.P.Murugan Raja Government Advocate

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the Respondent Nos.3 to 8 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct the 1st and 2nd respondent to consider the representation of the petitioner dated 06.03.2025.

3. It is submitted by the learned counsel for the petitioner that the property property comprised in Survey No. 136/1A measuring an extent of 1.56 acres was purchased by the petitioner's grandfather Mr. Ramasamy Konar under a registered sale deed dated 06.07.1983 from one Mrs. Pachaiyammal, wife of 2/6

Pichai Pillai Konar, which got registered as Document No. 1464 of 1983 on the file of the Sub-Registrar, Perambalur.

3.1. It is submitted by the learned counsel for the petitioner that the petitioner's grandfather, Mr. Ramasamy Konar, died on 09.02.1994, and his wife Mrs. Azhagammal passed away on 20.04.2019. They were succeeded by their sons, Mr.Ramraj and Mr.Pachamuthu, as their legal heirs. A legal heirship certificate was issued on 17.07.2019. Subsequently, Mr. Ramaraj died on 22.09.2019 leaving behind his wife Rajamani and children Sankar and Selvi. Similarly, Mr. Pachamuthu also died on 12.11.2019, leaving behind his heirs including the petitioner herein, Rama, and Pichaiyammal. 3.2 It is submitted by the learned counsel for the petitioner that during the Updating of Revenue Records (UDR) Scheme, the property was wrongly recorded in the Revenue Register/Patta under Survey No. 136/1B instead of 136/1A.

However, as per the Field Measurement Book (FMB) maintained by the Survey Department, the property under petitioner's possession corresponds to Survey No. 136/1A, with matching boundaries and measurements. It is further submitted that patta for Survey No.136/1A is standing erroneously in the name of third parties under Patta No.828, and Patta No. 24 shows the property is lying in Survey No. 136/1B, which is incorrect and requires rectification.

3.3. It is further submitted by the learned counsel for the petitioner that the petitioners had submitted representation dated 10.03.2025 before 1st and 2nd respondent seeking rectification and issuance of patta based on the title deeds and actual possession and as per the Field Measurement Book and an online complaint also given bearing No.TN /REV / PMB / I/ COLLMGDP / 10MAR25 / 11211461 was lodged, but no action has been taken till date. Aggrieved by the same the present writ petition has been filed before this Court.

4. It is submitted by the learned Government Advocate appearing for 1st and 2nd respondent that the petitioner seeks rectification of entries in the UDR Scheme and the power to rectify entries in the UDR Scheme vests with the District Revenue Officer and therefore the petitioner may take out appropriate application before the District Revenue Officer.

5. When this was pointed out, the learned counsel for the petitioner sought liberty of this Court to take out appropriate application before District Revenue Officer as there are some errors in the UDR. 4/6

6. In view thereof, the writ petition stands disposed of. Liberty is granted to the petitioner to take out appropriate application before the concerned District Revenue Officer. No costs.

11.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:

1. The Sub-Collector/Revenue Divisional Officer, Perambalur District.

Perambalur District.

2. The Tahsildar, Perambalur Taluk, Perambalur District.

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MOHAMMED SHAFFIQ, J.

spp 11.06.2025 6/6