P.Sathyamoorthy v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.26176 of 2024 and WMP.No.28610 of 2024 P.Sathiyamoorthy

...Petitioner

Vs.

1.The Principal Secretary Revenue and Disaster Management Department Secretariat St.Jorge Fort Chennai 600 009.

2.The Principal Secretary Housing and Urban Development Department Secretariat St.Jorge Fort Chennai 600 009.

3.The Inspector General of Registration Office of the Inspector General of Registration No.100, Santhom High Road Pattinapakkam Chennai 600 028.

4.The District Collector 1/8

Collectorate Building Collector office Road Krishnagiri 635 115.

5.The Chairman Tamil Nadu Housing Board CMDA Complex, E & C Market Road Koyambedu Chennai 600 107.

6.The District Registrar Office of the District Registrar New Pet Krishnagiri 635 001.

7.The Revenue Divisional Officer The Sub Collector - Hosur Sub Collectorate Office Denkanikottai Road 8.The Special Tahsildar Land Acquisition Tamil Nadu Housing Board Baglur Road 9.The Executive Engineer Tamil Nadu Housing Board Hosur Bagalur Road 10.The Sub Registrar Office of Sub Registrar M.G.Road, Near Gandhi Statue Hanumanthapuram, Anna Nagar 2/8

11.The Tahsildar Taluk Office Hosur Kamaraj Colony 12.The Head Surveyor Taluk Office Hosur Kamaraj Colony

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorified Mandamus, to call for the records of the 11th respondent sub division order having No.O.Mu.6/2/333/90/C3 having dated 29.10.1990 and quash the same and consequently issue the patta in favour of the petitioner.

For Petitioner : Mr.D.Yogeswaran For Respondents : Mr.A.Selvendran for R1 to R4 & R7 & R10 to R12 Special Government Pleader Mr.V.Gunasekar for R5 & R9 Standing Counsel

O R D E R

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Aggrieved by the order passed by the 11th respondent Thasildar entering the name of one Chokkappa in respect of the Survey Nos.493/2, 493/2A, 493/2B, 493/3A, 494/3B & 494/3C situated at Chennathur Village, Hosur Taluk, the petitioner has come by way of this Writ Petition.

2. It is the case of the petitioner that his father and 3 others purchased 1 acre 44 cents in the above survey number from one Chokkappa. The 11th respondent, without entering the name of the purchaser or the petitioner who is the legal heir of the purchaser, wrongly sub-divided property and entered the name of the original owner Chokkappa. The order impugned in this Writ Petition was passed by 11th respondent on 29.10.1990. If the petitioner is aggrieved by the order passed by the Thasildar regarding mutation of revenue records, he has to approach the Appellate Authority namely Revenue Divisional Officer. The petitioner is not entitled to come before this Court straight away without availing the alternative remedy of the appeal.

3. Hence, this Writ Petition is dismissed with liberty to the petitioner to approach the seventh respondent seeking rectification of revenue 4/8

records. If any such petition is filed by petitioner seeking rectification of revenue records, the same shall be considered by seventh respondent in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed.

09.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To 1.The Principal Secretary Revenue and Disaster Management Department Secretariat St.Jorge Fort Chennai 600 009.

2.The Principal Secretary Housing and Urban Development Department Secretariat St.Jorge Fort Chennai 600 009.

3.The Inspector General of Registration Office of the Inspector General of Registration No.100, Santhom High Road Pattinapakkam Chennai 600 028.

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4.The District Collector Collectorate Building Collector office Road Krishnagiri 635 115.

5.The Chairman Tamil Nadu Housing Board CMDA Complex, E & C Market Road Koyambedu Chennai 600 107.

6.The District Registrar Office of the District Registrar New Pet Krishnagiri 635 001.

7.The Revenue Divisional Officer The Sub Collector - Hosur Sub Collectorate Office Denkanikottai Road 8.The Special Tahsildar Land Acquisition Tamil Nadu Housing Board Baglur Road 9.The Executive Engineer Tamil Nadu Housing Board Hosur Bagalur Road 10.The Sub Registrar 6/8

Office of Sub Registrar M.G.Road, Near Gandhi Statue Hanumanthapuram, Anna Nagar 11.The Tahsildar Taluk Office Hosur Kamaraj Colony 12.The Head Surveyor Taluk Office Hosur Kamaraj Colony 7/8

S.SOUNTHAR , J.

dna W.P No.26176 of 2024 and WMP.No.28610 of 2024 09.09.2024 8/8