Murugesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2023
CORAM
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Murugesan ... Petitioner Vs.
1. The District Collector, District Collector Office, Kallakurichi.
2. The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.
3. The Thasildar, Kallakurichi, Kallakurichi District.
... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 3rd respondent to remove wrong entries in the names of Kanagam, Vijayakumar and Kesavaraj in the patta in Patta No.255 regarding SF.No. 45/1B of Kaniyamoor Village, Kallakurichi District as per the direction of the 2nd respondent in his proceedings in Pa.Mu. A4/162/2023 dated 24.02.2023 within a reasonable time.
For Petitioners : Mr.R.Nalliyappan For Respondents : Mr.V.Veluchamy, Additional Government Pleader, 1/6
O R D E R
The writ petition is filed in the nature of Mandamus, to direct the 3rd respondent to remove wrong entries in the names of Kanagam, Vijayakumar and Kesavaraj in the Patta in Patta No.255, regarding SF.No. 45/1B of Kaniyamoor Village, Kallakurichi District as per the direction of the 2nd respondent in his proceedings in Pa.Mu. A4/162/2023 dated 24.02.2023 within a reasonable time.
2. The learned counsel for the petitioner submitted that the grandfather of the petitioner, namely Thiru.A.Palanigounder acquired property comprised in S.F.No.45/1, Kaniyamoor Village, Kallakurichi District of an extent of 3.17 acres by the sale deed dated 12.02.1949 and the same was registered in Document NO.446 of 1949. After the demise of the said Thiru.A.Palanigounder, initially Patta with respect of the above said property was mutated in the name of the legal heirs of the said A.Palanigounder, namely Kumar, Muthayee and Sabapathi in Patta No.155. Subsequently, by mistake, along with the said Kumar, Muthayee and Sabapathi, three other names were included, namely Kanagam, Vijayakumar and Kesavaraj.
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3. Being the legal heir of the said deceased Sabapathi, the petitioner herein made an application before the 2nd respondent to remove the wrong entries in the Patta by removing the names of Kanagam, Vijayakumar and Kesavaraj in the Revenue Records in S.F.No.45/1B Kaniyamur village, Kallakurichi District.
4. The 2nd respondent, after conducting a detailed enquiry, passed an order in his proceedings dated 24.02.2023 and allowed the application made by the petitioner and consequently directed the 3rd respondent to remove the names of Kanagam, Vijayakumar and Kesavaraj in the Revenue Records in S.F.No.45/1B Kaniyamur Village, Kallakurichi District and further directed to issue joint Patta regarding Patta No.255 in the name of Kumar, Muthayee and Sabapathi.
5. The learned counsel for the petitioner further submitted that even though the 2nd respondent directed the 3rd respondent to remove the above said names in the Patta, the 3rd respondent has not taken any action till now, because of which those persons are causing further more inconvenience to the petitioner and the said property. Hence the present writ petition is filed.
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6. The respondents are directed consider the representation of the petitioner by issuing notice to the petitioner as well as interested parties / rival claimants, if any, and thereafter, conduct inquiry and pass appropriate orders on merits and in accordance with law. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.
7. With the above directions, the writ petition stands disposed of. However, there shall be no order as to costs. 22.11.2023 Index : Yes / No Speaking Order : Yes / No (sha) 4/6
To
1. The District Collector, District Collector Office, Kallakurichi.
2. The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.
3. The Thasildar, Kallakurichi, Kallakurichi District.
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P.VELMURUGAN . J., (sha) 22.11.2023 6/6