P.Magesh v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.21609 of 2025
1. P.Magesh
2. P.Haribasker ... Petitioner(s) Vs.
1. The District Collector, Collector Office Compound, Kancheepuram 634 501.
2. The Revenue Divisional Officer, Collector Office Compound, Collectorate Kanchipuram, Kanchipuram 631 501.
3. The Zonal Deputy Tahsildar, Walajabad Taluk, Kanchipuram District.
4. Kannubabu ... Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 1 - 3 to forthwith rectify the said wrong entry/Error apparent based on documents pertaining to the online Patta No.94 based on my representation dated 16.05.2025 and to provide 1/6
joint patta in our name and consequently direct the respondents 1-3 to pay a nominal damages for the unbearable sufferings caused to us. For Petitioner(s) : Mr.M.Vijaya Anand For R1 to R3 : 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 4th respondent is dispensed with.
2. The present writ petition is filed praying for a writ of Mandamus, to direct respondents 1 to 3, to rectify the wrong entry/error apparent based on documents pertaining to online Patta No.94 based on the petitioners representation dated 16.05.2025 and to provide joint patta in petitioners name and consequently direct the respondents 1 to 3 to pay a nominal damages for the unbearable sufferings caused to the petitioners. 2/6
3. It is submitted by the learned counsel for the petitioners that petitioners father was the original owner of the property comprised in Old Survey No. 90/1A1, New Survey No.477/11C, admeasuring 1300 sq.ft, situated at Walajabad Village, Kanchipuram District, bearing Old Patta No.2070, present Patta No.90. After the demise of petitioners father, petitioners along with other legal heirs inherited/succeeded the said property. Subsequently, other legal heirs registered a Release Deed dated 27.09.2022 in favour of petitioners bearing Doc. No.5593 of 2022, at Sub Registrar Office, Walajabad. 3.1. It is submitted by the learned counsel for the petitioners that since the building in the subject property is in a dilapated condition and in order to reconstruct the same, petitioners approached the nationalized bank for loan in the year 2024. At that point petitioners came to know that Grama Natham Patta granted in petitioners' father name bearing Patta No.2070 was wrongly entered in the name of the 4th respondent Mr.Kannubabu by assigning Patta No.94 for the subject property.
3.2. Pursuant thereto, 1st petitioner submitted a representation to the 3rd respondent on 06.02.2025 and another representation to the 1st respondent on 10.02.2025. Based on 1st petitioner representation dated 10.02.2025 the 1st respondent, directed the 3rd respondent to take appropriate action. Thereafter the 3rd respondent vide letter dated 05.03.2025 had called the petitioners and the 4th 3/6
respondent for an enquiry along with the relevant documents on 16.04.2025 and on the said date the petitioners appeared in person and submitted all relevant documents. However, till date no action has been taken by the respondents. Thereafter once again 1st petitioner gave another representation to the 1st respondent on 16.05.2025 and the said was duly received by the 1st respondent but till date no action was taken by the respondents. Aggrieved by the same, the present writ petition has been filed before this Court.
4. The learned Government Advocate appearing for respondent Nos.1 to 3 would submit that they would consider the representation dated 16.05.2025 and pass appropriate orders within a time period 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 respondents to consider the representation dated 16.05.2025 and pass appropriate orders, after giving prior notice and a reasonable opportunity of hearing to the petitioner, 4th respondent and other interested parties within a period of 8 weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. 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 4/6
respondent to consider the matter on its own merits and in accordance with law. No costs.
19.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:
1. The District Collector, Collector Office Compound, Kancheepuram 634 501.
2. The Revenue Divisional Officer, Collector Office Compound, Collectorate Kanchipuram, Kanchipuram 631 501.
3. The Zonal Deputy Tahsildar, Walajabad Taluk, Kanchipuram District.
5/6
MOHAMMED SHAFFIQ, J.
spp W.P. No.21609 of 2025 19.06.2025 6/6