Mr.V.Dhayagaran v. The Revenue Divisional Officer
In the High Court of Judicature at Madras Dated : 03.12.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.35859 of 2024 V.Dhayagaran
...Petitioner
Vs 1.The Revenue Divisional Officer Ponneri Taluk, Thiruvallur District.
2.The Sub Collector, Ponneri Taluk Thiruvallur District.
3.The Tahsildar, Gummidipoondi Thiruvallur District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to implement the order of the second respondent vide NA.KA.COLREVCOLR/32489/2024-A2 dated 16.8.2024 and issue the rectified patta in the name of petitioner with the correct extent 0.08.50 Ares in survey No.72/1A2A and 0.00.50 Ares in Survey No.72/1A2B situate at No.81, Melmudalambedu Village, Gummidipoondi Taluk, Thiruvallur District as mentioned in the order dated 16.8.2024 passed by the second respondent.
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For Petitioner :
Mr.V.Chandrakanthan For Respondents :
Mr.V.Ramesh, GA
ORDER
Seeking a direction to the respondents to implement the order of the second respondent dated 16.8.2024, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the respondents.
3. The case of the petitioner is as follows : (i) The petitioner is the owner of the properties measuring 0.08.50 Ares in survey No.72/1A2A and 0.00.50 Ares in survey No. 72/1A2B situate at No.81, Melmudalambedu Village, Gummidipoondi Taluk, Thiruvallur District. He and his brothers acquired the said properties by way of two sale deeds (i) dated 21.4.1986 registered as doc.No.1345 of 1986 on the file of the District Registrar, Madras South, Chennai and (ii) dated 29.10.1997 registered as doc.No.1689 of 1997 on the file of the Sub-Registrar, Arani, Tiruvallur District. Thereafter, the petitioner's brothers namely one Mr.Chandrakanthan and one Mr.Ramamoorthy executed a settlement deed dated 2/5
08.5.2012 registered as doc.No.4382 of 2012 on the file of the SubRegistrar, Arani, Tiruvallur District in favour of the petitioner. However, the third respondent issued patta No.3309 showing incorrect extents.
(ii) Hence, the petitioner made a representation dated 09.3.2022 to the third respondent to rectify the said mistakes in the patta, in which, the second respondent directed the petitioner to appear before him for an inquiry on 26.6.2024 with documents. Pursuant to that, the petitioner also appeared before the second respondent and produced the documents. Immediately thereafter, the second respondent passed the order dated 16.8.2024 directing the third respondent to rectify the mistakes in the patta. Despite the orders of the second respondent, the third respondent failed to carry out the corrections in the extents. Once again, the petitioner made a representation dated 22.8.2024 to the third respondent to rectify the mistakes in the patta as per the order passed by the second respondent dated 16.8.2024. As it did not evoke any response, the petitioner is before this Court.
4. Considering the fact that the second respondent already passed an order on 16.8.2024 after conducting an inquiry and after receiving the reports from the revenue officials, the writ petition is 3/5
allowed and a Mandamus is issued to the third respondent to carry out the corrections in the extents and issue a fresh patta to the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs.
03.12.2024 To
1. The Revenue Divisional Officer Ponneri Taluk Thiruvallur District.
2. The Sub Collector Ponneri Taluk Thiruvallur District.
3. The Tahsildar Gummidipoondi Thiruvallur District.
RS 4/5
P.T.ASHA,J RS 03.12.2024 5/5