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Madras High CourtWP/33846/2022disposed of

Krishnan v. State Of Tamil Nadu

2022-12-19Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.33846 of 2022 and W.M.P.No.33326 of 2022 1.Krishnan 2.Narayanan 3.Palaniammal 4.Murugan ....

Petitioner -Vs1.State of Tamil Nadu rep.by its Secretary Department of Revenue Secretariat, Chennai 600 009.

2.The Tahsildar O/o Tahsildar Palacode Taluk Office Dharmapuri District.

3.Village Administrative Officer Marandahalli Village, Palacode Taluk Dharmapuri District.

4.District Collector O/o District Collector Dharmapuri District Dharmapuri District.

....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to dispose of the petitioner's representation dated 23.09.2022 for grant of patta in respect of 1 / 5

Acre 1-13 cents in R.S.No.56/3 in Marandahalli Village, Palacode Taluk, Dharmapuri District and to grant such other relief as this Hon'ble Court may consider as necessary in the interest of justice. For Petitioner : Mr.A.Murugan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the 2nd respondent to dispose of the petitioner's representation dated 23.09.2022 for grant of patta in respect of Acre 1-13 cents in R.S.No.56/3 in Marandahalli Village, Palacode Taluk, Dharmapuri District and to grant such other relief as this Court may consider as necessary in the interest of justice.

2. In respect of the land at R.S.No.56/3 in Marandahalli Village, Palacode Taluk, Dharmapuri District, it is the case of the petitioners that the land is a patta land originally belonging to the petitioners' forefathers and subsequently it has been wrongly entered as a Government land. Therefore, in order to convert the said land and issue patta in favour of the petitioners, the petitioners have given a representation to the respondent Tahsildar on 23.09.2022 and in order to consider the same, the present writ petition has been filed. 2 / 5

3. Though with the said prayer the writ petition has been filed, Mr.A.Murugan learned counsel for the petitioner submits that, since such kind of conversion or rectification of the wrong entry made in the revenue records has to be undertaken by the Commissioner for Land Administration, he is ready and willing to make an application to the concerned authority and if such application is made that may be considered and decided on merits within a time frame that may be stipulated by this Court.

4. In respect of the said stand taken by the learned counsel for the petitioner, Mr.Yogesh Kannadasan learned Special Government Pleader appearing for the respondents submitted that, if that kind of request has to be made, that should be decided only by the Commissioner for Land Administration and therefore, before whom if any such request is made, that would be considered and decided on merits and in accordance with law.

5. Considering the aforesaid submissions made by the learned counsel for both sides, this Court is inclined to dispose of this writ petition with the following order.

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"It is open to the petitioner to make necessary application to redress his grievance as indicated above to the concerned authority viz., Commissioner for Land Administration and once such an application is made by the petitioner, the same shall be considered on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order."

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 19.12.2022 Index : Yes/No Internet : Yes/No KST To 1.The Secretary to Government, Department of Revenue Secretariat, Chennai 600 009.

2.The Tahsildar, O/o Tahsildar, Palacode Taluk Office Dharmapuri District.

3.Village Administrative Officer Marandahalli Village, Palacode Taluk Dharmapuri District.

4.District Collector, O/o District Collector Dharmapuri District Dharmapuri District.

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R. SURESH KUMAR, J.

KST W.P.No. 33846 of 2022 19.12.2022 5 / 5