S.Munibabu, 21, Panjalai v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.4569 OF 2016 Mr.S.Munibabu ... Petitioner .Vs.

1. The District Revenue Officer, District Revenue Office, Thiruvallur,

2. The Tahsildar, Thiuthani Taluk Office, Thiruthani,

3. Mrs.C.Atchammal

4. Mr.S.Atchaiah ... Respondents PRAYER:- Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to dispose the representation dated 21.07.2015 which made by the petitioner.

For Petitioner :

M/s.Ilayarani Ponraj For Respondents :

M/s.N.Senthil Selvi Government Advocate [For R1and R2] R3 and R4 - Deceased

ORDER

The petitioner seeks change of Patta in favor of the petitioner. The contention of the petitioner is that the patta was granted in a wrong name and in this regard, the petitioner submitted a representation to the District Revenue Officer. The

writ petition is filed seeking a direction to consider the representation.

2. In respect of grant of patta or modifications or effecting alterations in the Revenue Records, prescribed application must be filed before the competent authority. Regarding patta or transfer, the provisions of the Patta Pass Book Act is to be scruplously followed. In the present case, the competent authority for grant of patta under the Act must be approached for the purpose of redressal of grievances. Contrarily, merely issuing a direction to consider the representation, the petitioner cannot redress his grievances. Moreover, the representation is submitted to the District Revenue Officer and it is to be submitted before the competent authority under the Patta Passbook Act. Such general representations cannot provide a cause. The District Collector also pursuant to the representation, instructed the Tahsildar to conduct an enquiry in letter dated 22.07.2015.

3. This being the factum, the petitioner is at liberty to approach the competent authority under the Patta Passbook Act for the purpose of redressal of grievances and in the event of filing an application in the prescribed format in consonance with the provisions of the Act, the competent authority is empowered to conduct an enquiry by affording opportunity to all the parties concerned and pass orders as expeditiously as possible.

4. With these directions, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(DIGITS) //True Copy// Sub Assistant Registrar nti/kak To 1.

The District Revenue Officer, District Revenue Office, Thiruvallur,

2.

The Tahsildar, Thiuthani Taluk Office, Thiruthani, +1cc to the Government Pleader, S.R.No.69737 W.P.NO.4569 OF 2016 SMI(CO) PBS/19/01/2022