U.Thangavel, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.7604 of 2016 U.Thangavel ... Petitioner Vs.

The District Collector, Coimbatore District, Coimbatore.

2.The Sub Collector, Pollachi, Coimbatore District.

... Respondents Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the second respondent to consider and dispose of the petitioner's representation dated 23.03.2015 and correct the mistake occurred in the records and entering the name of the petitioner, issue patta in his name for the land measuring 2.77acres in K.S.No.44/2B, Kariyanchettipalayam Village, Pollachi Taluk, Coimbatore District.

For Petitioner : Mr.V.Ravi For Respondent : Mr.S.V.Durai Solaimalai, Additional Govt.Pleader

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2.The petitioner has come forward with the present Writ Petition seeking for issuance of mandamus to direct the second respondent to consider and dispose of the petitioner's representation dated 23.03.2015 and correct the mistake occurred in the records and entering the name of petitioner, issue patta in his name for the land measuring 2.77acres in K.S.No.44/2B, Kariyanchettipalayam Village, Pollachi Taluk, Coimbatore District.

3.The petitioner's father purchased the land measuring 2.77acres in KS.No.44/2B, Kariyanchettipalayam Village, Pollachi Taluk, Coimbatore District from one Bommakkal. The petitioner's father died on 26.09.2006.

The petitioner engaged in agricultural activities and residing in the said house. 4.The petitioner's father bequethed the above said property in favour of the petitioner through a Will. The petitioner submits that the UDR patta were given for agricultural lands by mistake instead of mentioning the name of the petitioner's father/Uthandi Gounder, the name of Kandasamy Chettiar was mentioned in the patta register. The petitioner requested the second respondent to correct the mistake and issue patta in his favour and submitted his representation dated 23.03.2015 in person during Jamabandhi. However, the mistake was not corrected, and hence the petitioner approached the office of the second respondent on several occasions and inspite of the same, the respondent has not considered the request of the petitioner till date. Hence, the petitioner filed the present writ petition before this Court.

5.Heard the submissions of learned counsel appearing for the petitioner and the learned Additional Government Pleader who accepts notice on behalf of the respondents.

6.Considering the facts and circumstances, this Court directs the second respondent to consider the representation of the petitioner dated 23.03.2015 for correcting the mistake in the UDR patta and for issuance of patta, within a period of six weeks from the date of receipt of a copy of this order, after affording opportunity of personal hearing to the petitioner as well as to the necessary parties, if any. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner.

7.The writ petition is disposed of accordingly. No costs. tsh Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The District Collector, Coimbatore District, Coimbatore.

2. The Sub Collector, Pollachi, Coimbatore District.

+ 1 cc to THE GOVT.PLEADER, HCT, MDS. SR 13213 + 1 CC TO Mr.V.Ravi, ADVOCATE SR 12865 KR/15/3/16 W.P.No.7604 of 2016