Madras High CourtWP/17392/2024disposed of

K.Arumugam v. The District Collector

2024-07-04Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR K.Arumugam .. Petitioner

Versus

1. The District Collector Salem Collector Office Salem District 2.The District Revenue Officer Salem Collector Office Salem District

3. The Revenue Divisional Officer Attur Town and Taluk Salem District 4.The Tahsildar Tahsildar Office, Pethanaickenpalayam Salem District 5.The Village Administrative Officer Thamayanur Village Pethanaickenpalayam Taluk, Salem District .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to consider and pass orders on the petitioners representation dated 10.4.2024 and with regard 1/6

to remove the error in the A register as X and make appropriate entries in the relevant revenue documents of the petitioners property is situated Vadukathampatti village, Pethanaickenpalayam (T.K), Salem district in Survey No.80/3 an extent of 1.58 hectares(3.91 acres) and issue separate patta in the name of petitioner as per court decree and judgement passed by the additional District Munsif Court, Attur in O.S.No.78/2011 dated 15.3.2022. For Petitioner : Mr.P.M.Jayachandran For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

This writ petition has been filed seeking for a direction to the respondents to consider and pass orders on the petitioners representation dated 10.4.2024 and with regard to remove the error in the A register as X and make appropriate entries in the relevant revenue documents of the petitioners property is situated Vadukathampatti village, Pethanaickenpalayam (T.K), Salem district in Survey No.80/3 an extent of 1.58 hectares(3.91 acres) and issue separate patta in the name of petitioner as per court decree and judgement passed by the additional District Munsif Court, Attur in O.S.No.78/2011 dated 15.3.2022.

2. It is the case of the writ petitioner that the petitioner's father purchased 2/6

the property on 31.07.1956, however, in A-register, the property has been wrongly shown as X. The petitioner filed a suit against the District Collector and Tahsildar in O.S.No.78 of 2011 on the file of Additional District Munsif Court, Attur. The said suit has been decreed in favour of the petitioner. Pursuant to the said decree, the RDO/3rd respondent recommended for removal of wrong entry in A-register and communication has been addressed to the Collector. However, no action has been taken so far. Hence, this writ petition.

3. The learned Special Government Pleader submitted that any changes in A-register has to be made only the Commissioner of Land Administration.

4. Heard both sides and perused the materials placed on record.

5. By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.

6. Such view of the matter, as the revenue officials have clearly admitted that it is only a mistake and the Civil Court also considered this aspect and passed a mandatory injuntion against the District Collector, the first respondent is directed to forward the proceedings of the third respondent in this regard to 3/6

the Commissioner of Land Administration, Chennai within a period of the two months from the date of receipt of a copy of this Order. The Commissioner of Land Administration on receipt of such recommendation pass an order in tune with the recommendations of the third respondent and also the Civil Court decree in this regard within a period of three months thereafter.

7. Accordingly, this writ petition stands disposed of. No costs. 04.07.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To 4/6

1. The District Collector Salem Collector Office Salem District 2.The District Revenue Officer Salem Collector Office Salem District

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