Madras High CourtWP/29756/2022disposed of

V.Murugesan v. The District Collector

2022-11-10Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI V.Murugesan .. Petitioner

Versus

1.The District Collector Chengalpattu District 2.The District Revenue Officer Chengalpattu District 3.The Revenue Divisional Officer Thiruporur, Chengalpattu District 4.S.Palayam .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and pass appropriate orders on the petitioner's representation dated 29.08.2022 within a time frame as may be fixed by this Hon'ble Court. For Petitioner : M/s.Dass and Viswa Associates For Respondents : Mr.U.Bharanidharan Additional Government Pleader

ORDER

This writ petition is filed seeking for issuance of Writ of Mandamus to direct the respondents to consider and pass appropriate orders on the petitioner's representation dated 29.08.2022. 1/4

2. The petitioner got the subject properties in the Family Partition and obtained separate patta, however, due to the influence exerted by the fourth respondent on the Tahsildar, correction in the boundary was made due to which the petitioner gave representation under the Tamil Nadu Survey and Boundaries Act, which is still pending without consideration. Hence, this petition.

3. After some submissions, the learned counsel for the petitioner pleaded that this Court may issue a direction to the jurisdictional Tahsildar to make necessary corrections in the boundaries by considering the representation of the petitioner within a reasonable time as fixed by this Court.

4. The learned Additional Government Pleader submitted that he has no serious objection with regard to the prayer as sought by the petitioner.

5. It is to be noted that Section 10 of the Tamil Nadu Patta Passbook Act, 1983 contemplates that the Tahsildar is the competent authority to modify the entries in the patta pass book even with regard to the boundaries and the first respondent is not the competent authority to make the corrections. 2/4

6. Considering the facts and circumstances of this case, this Court, without going into the merits of this case, permits the petitioner to file a fresh representation to the jurisdictional Tahsildar within a period of two weeks, if such representation is being filed, the jurisdictional Tahsildar is directed to pass appropriate order(s) on merits and in accordance with law, after providing opportunity of hearing to the petitioner as well as the fourth respondent within a period of twelve weeks from the date of receipt of a copy of this Order.

7. In view of the above directions, this writ petition stands disposed of. No costs.

10.11.2022 dhk Index:Yes/No Internet: Yes/No To 1.The District Collector Chengalpattu District 2.The District Revenue Officer Chengalpattu District 3.The Revenue Divisional Officer Thiruporur, Chengalpattu District 3/4

M. DHANDAPANI, J.

dhk W.P.No.29756 of 2022 10.11.2022 4/4