M.Babu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2023 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.34115 of 2023 M.Babu ...

Petitioner

Versus

1.The District Collector, Dharmapuri District.

2.The Revenue Divisional Officer, Harur, Dharmapuri District.

3.The Tahsildar Pappireddipatti Taluk, Dharmapuri District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to consider and pass orders on the petitioner's representation dated 04.09.2023 to rectify the measurement of subject matter of the property as 0.80 ares or 864 square feet in Patta No.336 stands in the petitioner's mother's name and transfer the patta in favour of the petitioner's name and dispose of the same within the time frame. For Petitioner :

Mr. C.Priyadharshini For Respondents :

Mr. P.Gurunathan, Additional Governement Pleader Page No.1 of 6

O R D E R

This Writ Petition is filed for a "simplicitor mandamus", to direct the first respondent to consider and pass orders on the petitioner's representation dated 04.09.2023 to rectify the measurement of subject matter of the property as 0.80 ares or 864 square feet in Patta No.336 stands in the petitioner's mother's name and transfer the patta in favour of the petitioner's name and dispose of the same within the time frame. 2.

The case of the petitioner is that the property in question is originally belonging to the petitioner's grandfather namely one Mr. Gopal, who in turn, transferred the same to the petitioner's mother namely one Mrs. Palaniammal through a registered Settlement Deed Doc.No.2912 of 2011, dated 12.08.2011 before the Sub-Registrar Office, Pappireddipatti. While so he came to know that the extent of the said property is wrongly mentioning as 0.50 ares instead of 0.80 ares. Hence, the petitioner made a representation dated 04.09.2023 to all the respondents to rectify the said error and requested to issue the Patta in his name. Though the first respondent acknowledged his representation, for the reason best known to them, so far, no action has been taken on the petitioner's representation by Page No.2 of 6

the respondents. Hence, this Writ Petition.

3.

The learned counsel for the petitioner submitted that as per G.O.Ms.No.73 Personnel and Administrative Reforms (A) Department, dated 11.06.2018, the Governement officials have to redress the grievance of the public, within a period of one month from the date of receipt of such grievance. In case any error is occurred due to the negligence of the Governement officials, and it is duty of the respondents to rectify the wrong entries made in the Patta. Therefore, the petitioner filed this present Writ Petition before this Court for the said relief. 4.

Mr.P.Gurunathan, learned Additional Government Pleader takes notice on behalf of the respondents and has submitted that if a direction is given to the respondents, they will consider the petitioner's representation dated 04.09.2023 for surveying and measuring the subject properties and pass appropriate orders thereon on merits. 5.

Considering the limited nature of prayer sought for in this Writ Petition, without going into the merits of the case, this Court directs the Page No.3 of 6

first respondent to consider the representation of the petitioner dated 04.09.2023 and issue notice to the petitioner as well as the adjacent land owners of the four boundaries of the subject properties and also to the interested parties/rival claimants, if any, and after giving notice to the parties, conduct an enquiry in a manner known to law and pass orders on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6.

With the above directions, the Writ Petition is disposed of. No costs.

11.12.2023 Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No klt Page No.4 of 6

To:

1.The District Collector, Dharmapuri District.

2.The Revenue Divisional Officer, Harur, Dharmapuri District.

3.The Tahsildar Pappireddipatti Taluk, Dharmapuri District.

Page No.5 of 6

P. VELMURUGAN, J.

klt W.P.No.34115 of 2023 11.12.2023 Page No.6 of 6