M.Munekavudu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P. No.27120 of 2024 M.Munekavudu ..Petitioner Vs.
1.The District Collector O/o. District Collector Krishnagiri District.
2.The District Revenue Officer O/o. District Revenue Officer Krishnagiri District.
3. The Tahsildar Soolagiri Tahsildar office, Krishnagiri District.
4. The Revenue Inspector Soolagiri Town, Krishnagiri District
5. The Village Administrative Officer Errandapalli Village Peerppalli post, Soolagiri Taluk Krishnagiri District.
6. Venkatamma
...Respondent
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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to dispose of Application dated 20.02.2023 for modifying the entries made in the UDR Patta due to the mistake of facts by providing opportunity of hearing and pass appropriate order in terms of Section 10 of Tamil Nadu Patta Pass Book Act, 1983 read with Rule 4(7) of Tamil Nadu Patta Pass Book Rules, 1987. For Petitioner :M/s.T.Elumalai For Respondents 1 to 5 : Mr.S.J.Sathik Mohamed Government Advocate
O R D E R
The petitioner herein seeks a direction to 2nd respondent to dispose of his representation dated 20.02.2023 seeking modification of entry in the patta.
2. According to the petitioner, the property situated in Survey No.2/2, Errandapalli Village to an extent of 5 acres originally belongs to one Guruvachari. He died leaving behind two sons namely Ragavachari and Muniyachari. It is the case of the petitioner that he purchased the subject property from some of the legal heirs of Ragavachari. The petitioner purchased 3/4th share of Ragavachari from three heirs of Ragavachari namely Mariyachari, Rathna and Bakkiyamma. The 6th respondent is the other heir of Ragavachari who has not executed any document in favour of the petitioner in 2/5
respect of her 1/4th share. However, in the revenue records, the name of the 6th respondent is recorded as if she has got absolute right over the entire property. Hence, the petitioner submitted a representation before the 2nd respondent on 20.02.2023 and the same has been forwarded to 3rd respondent in his proceedings in O.Mu.No.5337/2023/J2 dated 01.03.2023. Till date, no further action has been taken on the representation of the petitioner. Hence, he is before this Court.
3.Mr.S.J.Sathik Mohamed, learned Government Advocate, who is taking notice for the respondents 1 to 5, submitted that the representation of the petitioner will be considered on its' own merits within a time fixed by this Court.
4. In view of the same, this Court, without going into the merits of the claim made by the petitioner, is inclined to direct the 3rd respondent to consider the representation of the petitioner and pass final orders on its' own merits within a period of eight weeks from the date of receipt of copy of this order after issuing necessary notice to the petitioner, the 6th respondent and other interested parties.
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5. With the above directions, this writ petition is disposed of. No costs. 19.09.2024 Index : Yes/No nr To 1.The District Collector O/o. District Collector , Krishnagiri District. 2.The District Revenue Officer O/o. District Revenue Officer Krishnagiri District.
3. The Tahsildar Soolagiri Tahsildar office, Krishnagiri District.
4. The Revenue Inspector Soolagiri Town, Krishnagiri District
5. The Village Administrative Officer Errandapalli Village Peerppalli post, Soolagiri Taluk Krishnagiri District.
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S.SOUNTHAR , J.
nr 19.09.2024, 5/5