K.T.Murai v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.T.Murari ... Petitioner Vs.

1. The Collector, District Collectorate Office, Chennai 600 001.

2. The District Revenue Officer, North Chennai.

3. The Revenue Divisional Officer, North Chennai.

4. The Tahsildar, Madhavaram Taluk, Chennai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 4th respondent to consider the representation dated 24.05.2024 given by the petitioner to rectify the mistake and issue a fresh patta for total extent of 26 Cents. For Petitioner(s) : M/s.BA.Nalini for Mr.K..V.Babu 1/6

For Respondent(s) : Mr. A.Selvendran Special Government Pleader

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 4th respondent to consider the petitioner's representation dated 24.05.2024 seeking to rectify the mistake in the patta and issue a fresh patta for total extent of 26 Cents.

3. It is submitted by the learned counsel for the petitioner that a parcel of Punja Land bearing Survey No.92/1 measuring 44 cents, with Patta No.27, situated at Vadaperumbakkam Village, Madhavaram Taluk, Chennai District, originally belonged to the petitioner's grandfather Mr.Perumalsamy Reddiar. After the death of petitioner's grandfather the subject property devolved on his sons Mr.K.Thulasiraman (petitioner's father), Mr.Boopal, Mr.Raghuraman and Mr.Rameshkumar and they have been the absolute owners of the said property. 3.1. It is submitted by the learned counsel for the petitioner that the Special Tahsildar Saidapet, updated the revenue records and issued Patta bearing 2/6

No.220 under the UDR Scheme in the name of the above said legal heirs. It is further submitted that out of the said larger extent of land measuring 44 cents, 18 cents was sold in favour of Mr.M.Gangadharan by way of a Sale Deed dated 28.10.1996, registered as Doc.No.58 of 1996. The balance extent of land measuring 26 cents was retained by the legal heirs of petitioner's grandfather. 3.2. It is submitted by the learned counsel for the petitioner that the petitioner had submitted a petition for transfer of revenue records in respect of land measuring 26 cents in favour of petitioner's father and his brothers. Accordingly, patta bearing No. 220 was subdivided as Survey No.92/1A, measuring 13 cents and Survey No. 92/1C measure 2 1⁄2 cents to a total extent of 15 1⁄2 cents, which is 10.5 cents lesser.

3.3. It is submitted by the learned counsel for the petitioner that the petitioner approached the 4th respondent on 01.06.2021 requesting to rectify the mistake. However, no steps was taken by the 4th respondent. The petitioner once again submitted a fresh representation on 24.05.2024 before the 3rd and 4th respondent to consider and rectify the error in the Patta. In response the 3rd respondent vide proceedings Na.Ka.No.A1/2323/2024 dated 13.06.2024 directed the 4th respondent to examine the issue and submit a report. However the 4th respondent is yet to pass any orders. Aggrieved by the same, the present writ petition has been filed before this Court. 3/6

4. The learned Special Government Pleader appearing for the respondents would submit that the petitioner's representation dated 24.05.2024 would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. In view thereof, the writ petition stands disposed of with a direction to the 4th respondent to consider the petitioner's representation dated 24.05.2024 and pass appropriate orders within a period of 8 weeks from the date of receipt of a copy of this order after putting the petitioner and other interested parties on notice and affording the petitioner and other interested parties a reasonable opportunity of hearing. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.

12.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 4/6

To:

1. The Collector, District Collectorate Office, Chennai 600 001.

2. The District Revenue Officer, North Chennai.

3. The Revenue Divisional Officer, North Chennai.

4. The Tahsildar, Madhavaram Taluk, Chennai.

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MOHAMMED SHAFFIQ, J.

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