Madras High CourtWP/28227/2016disposed of

M.Anbarasan v. State Of Tamilnadu

2016-08-12Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition No. 28227 of 2016 M. Anbarasan

...Petitioner

Versus

1. State of Tamil Nadu rep. by the District Collector Tiruvannamalai District Tiruvannamalai

2. Revenue Divisional Officer Tiruvannamalai District Tiruvannamalai

3. Tahsildar Thandarampet Taluk Thandarampet

4. M. Kannan

...Respondents

Petition filed under Article 226 of The Constitution of India praying for a Writ of Mandamus directing the third respondent to cancel the patta stands in the name of the fourth respondent and issue patta to the petitioner with regard to the subject land for which he made a representation dated 13.07.2016 to the respondents 1 to 3.

For Petitioner :

Mr. R. Malaichamy For Respondents :

Mr. A.N. Thambidurai Special Government Pleader for RR1 to 3

ORDER

The petitioner seeks for issuance of a Writ of Mandamus directing the third respondent to cancel the patta stands in the name of the fourth respondent and issue patta to him based on his representation dated 13.07.2016 sent to the respondents 1 to 3.

The petitioner claims that he has purchased the land bearing Survey No.331/5D measuring 59 cents from one Malayan by means or a registered sale deed dated 16.03.2015. Such purchase was made after verifying the fact that the name of his vendor Malayan is included in the revenue records and Patta and Chitta Adangal stands in his name. It is also claimed that his vendor Mayan purchased the property in question from one Natesan by means of a registered sale deed dated 20.01.2015. While so, when the petitioner approached the second respondent to issue patta in his name, it was informed that the revenue records in respect of the above said lands stands in the name of his vendor Mayavan as also the fourth respondent. The petitioner therefore submitted a representation dated 13.07.2016 to rectify the mistake crept in the revenue records and to issue patta in his name, but it was not considered, hence, the present writ petition has been filed.

I heard the learned counsel for the petitioner as also the learned Special Government Pleader appearing for the respondents 1 to 3.

Admittedly, even according to the petitioner, the revenue records in respect of the land in question stands in the name of his vendor Mayavan as also the fourth respondent. It is also an admitted fact that the representation dated 13.07.2016 sent by the petitioner to the respondents 1 to 3 through registered post was also received by the respondents 1 to 3. In such view of the matter, the third respondent is directed to consider the representation dated 13.07.2016 of the petitioner by conducting an enquiry, afford opportunity of hearing to the petitioner, fourth respondent and others concerned and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 5.

Accordingly, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rsh

1. The District Collector Tiruvannamalai District Tiruvannamalai

2. Revenue Divisional Officer Tiruvannamalai District Tiruvannamalai

3. Tahsildar Thandarampet Taluk Thandarampet +1cc to Mr.Malaichamy, Advocate, S.R.No.46449 +1cc to the Government Pleader, S.R.No.46482 KJI(CO) RS(15/02/2017) WP No. 28227 of 2016