D.Mohanraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.26665 of 2024 D.Mohanraj
...Petitioner
Vs.
1. The District Collector, Tiruvallur District, Tiruvallur.
2. The District Revenue Officer, Tiruvallur District, Tiruvallur.
3. The Revenue Divisional Officer, Thiruvallur Division, Thiruvallur District.
4. The Tahsildhar, Thiruvallur Taluk, Thiruvallur District. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to take appropriate actions on the petitioner's representation dated 01.09.2023 and to issue patta for the petitioners land for the correct extent of 25*114=2850 sq.ft. comprised in old survey No.72/1 and new survey No.235/19 as per the title deeds. For Petitioner : Mr.V.P.Dillibabu For Respondents : Mr.P.Sathish Additional Government Pleader 1/5
O R D E R
The petitioner herein seeks a direction to the respondents to take appropriate action on the petitioner's representation dated 01.09.2023 and to issue patta for his land for the correct extent of 25*114=2850 sq.ft. comprised in old survey No.72/1 and new survey No.235/19 as per the title deeds.
2. It is the case of the petitioner that the property comprised in Grama Natham S.No.72/1 measuring an extent of 7 cents out of 8.86 acres, was purchased by his father and brother through the registered sale deeds and from the date of purchase, the family of the petitioner is residing therein by constructing a house. While so, the Revenue officials issued a patta only to an extent of 19 1/2 x 114 feet, instead of 25 x 114 feet, which was actually purchased by the petitioner's father and brother and allotted new survey no.235/19. On coming to know about the same, the petitioner as well as his brother submitted a representation on 21.05.2014 to the Tahsildar, Thiruvallur to issue patta for the correct extent. However, the said representation has not been considered till date. It is also submitted by the petitioner that the respondent authorities altered the FMB sketch to the effect that there is a dead 2/5
end passage between the petitioner's property and one Raju Reddy's property on the western side and assigned a new S.No.232/16. In view of the inaction on the part of the respondent authorities for issuance of patta with correct extent to the petitioner, the neighbour of the petitioner by name Jaganathan, claimed right over the said passage in S.No.232/16, in which, the family of the petitioner is residing by constructing a house. Feeling aggrieved, the petitioner is before this court with the present writ petition for the above stated relief.
3. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents would submit that the representation of the petitioner would be considered on its own merits and appropriate orders will be passed, after hearing the rival claimants.
4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the fourth respondent to consider of the representation filed by the petitioner dated 01.09.2023 and pass final orders, after issuing notice to the petitioner as well as all the interested parties, including the above said Jaganathan, within a period of eight weeks from the date of receipt of a copy of this order. 3/5
5. With the above direction, this Writ Petition is disposed of. No costs.
12.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To
1. The District Collector, Tiruvallur District, Tiruvallur.
2. The District Revenue Officer, Tiruvallur District, Tiruvallur.
3. The Revenue Divisional Officer, Thiruvallur Division, Thiruvallur District.
4. The Tahsildhar, Thiruvallur Taluk, Thiruvallur District.
4/5
S. SOUNTHAR, J.
av W.P No.26665 of 2024 12.09.2024 5/5