Boominathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Boominathan . . . Petitioner Vs.

1. The District Collector, Cuddalore District, Cuddalore.

2. The Revenue Divisional Officer, Virudhachalam Range, Cuddalore District.

3. The Revenue Tahsildar, Thittagudi Taluk Office, Thittagudi, Cuddalore District. . . . Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue of order or orders or direction, particularly in the nature of writ of mandamus directing the 2nd respondent to take further action on the representation of the petitioner for cancellation of patta in accordance with law to secure the ends of justice.

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For Petitioner : M/s.M.Velmurugan For Respondents : Mr.U.Baranidharan, Additional Government Pleader

ORDER

The present petition has been filed seeking a direction to the 2nd respondent to take further action on the representation dated 08.08.2022 made by the petitioner, requesting to cancel the patta which was wrongly granted the name of one Sekar in respect of the property situated in Survey No.107/3 to an extent of about 1.01 Hectares at Severy Village, Thittagudi Taluk, Cuddalore District.

2. Mr. U.Baranidharan, learned Additional Government Pleader takes notice for the respondents.

3. It is the case of the petitioner that originally the subject property was owned by the petitioner's father namely Rengasamy Chettiyar who was in possession and enjoyment of the same. After the demise of his father on 08.03.2001, all the revenue records pertaining to the subject property were 2/6

transferred in the name of the petitioner, however, without issuing any notice to the petitioner his name was deleted from A Register and computer Chitta and therefore, the petitioner made a representation to the 1st respondent seeking to rectify the error in the revenue records such as A Register and computer chitta, the same was forwarded to the 2nd respondent, pursuant to which, the 2nd respondent vide order dated 12.08.2022 directed the 3rd respondent to call the relevant records. However, till date, no action has been taken on the said representation. Hence, the present petition has been filed.

4. Though very many grounds have been raised, however, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 3rd respondent to comply with the order passed by the 2nd respondent based on the petitioner's representation and pass appropriate orders on the same on merits, within the time that may be stipulated by this Court.

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5. On the above contentions, this Court, heard the learned Additional Government Pleader appearing for the respondents.

6. In view of the limited relief sought for by the petitioner, this Court without going into the merits of the case, directs the 3rd respondent/Revenue Tahsildar to comply with the order passed by the 2nd respondent based on the petitioner's representation and pass orders on the same within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs.

25.11.2022 NHS Index : Yes / No Internet : Yes / No 4/6

To

1. The District Collector, Cuddalore District, Cuddalore.

2. The Revenue Divisional Officer, Virudhachalam Range, Cuddalore District.

3. The Revenue Tahsildar, Thittagudi Taluk Office, Thittagudi, 5/6

M.DHANDAPANI, J.

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