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Madras High CourtWP/35251/2025disposed of

K.Duraisamy v. Secretary To Government

2025-09-17Honourable Mr Justice Krishnan Ramasamy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY WP No. 35251 of 2025 K.Duraisamy, S/o.Govindasamy Achari, No.177, Kandappa Gounder Colony, Annathanapatti, Salem- 636 002.

Petitioner(s) Vs 1.The Secretary to Government, Revenue And Disaster Management Department, Fort St. George, Chennai-600 009.

2.The District Collector, Office Of The Collectorate Kallakurichi District, Kallakurichi- 606 202.

3.The District Revenue Officer, Office Of The Collectorate Kallakurichi District, Kallakurichi- 606 202.

4.The Tahsildar, Chinnasalem Taluk, Salem Main Road, Chinna Salem- 606 201.

5.Kavitha, W/o.Periyasamy Koogaiyur Village And Post, Kallakurichi Taluk And District.

Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, to direct the respondents 2 to 4 to take immediate and appropriate action pursuant to the communication of the 1 st respondent in Letter No. 11413 /Ni.A (1) /2025- 1 dated 04.07.2025, and to carry out necessary corrections in the UDR A Register, Patta and other connected revenue records relating to the property comprised in S.F. NO.127/ 3C5, Koogaiyur Village, Chinnasalem Taluk, Kallakurichi District, and to reissue the patta in the name of the petitioner for the full extent of 4.00 Ares, in accordance with the registered title deed sale Deed No.2790 of 1961 dated 09.09.1961.

For Petitioner(s):

Mr.A.P.Pasupathy For Respondents:

Mr.D.Ravichander Special Government Pleader For R1 to R4

ORDER

This writ petition has been filed by the petitioner seeking to direct the respondents 2 to 4 to take immediate and appropriate action pursuant to the communication of the 1 st respondent in Letter No.11413 /Ni.A (1) /2025- 1 dated 04.07.2025, and to carry out necessary corrections in the UDR A Register, Patta and other connected revenue records relating to the property comprised in S.F. NO.127/ 3C5, Koogaiyur Village, Chinnasalem Taluk, Kallakurichi District, and to re-issue the patta in the name of the petitioner for the full extent of 4.00 Ares, in accordance with the registered title deed sale Deed No.2790 of 1961 dated 09.09.1961.

2.Mr.D.Ravichander, learned Special Government Pleader, takes notice on behalf of the respondents 1 to 4. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

3.Learned counsel for the petitioner would submit that the petitioner made a repeated representations to the respondents 2 to 4 for rectifications in the revenue records since the Patta No.207 issued in the name of the petitioner's late father reflects only 3.5 Ares instead of 4.0 Ares, while Joint Patta No.753 for the adjacent land issued in the name of the 5 th respondent along with the petitioner's brother Appasamy erroneously records 2.5 Ares instead of 2.0 Ares, thereby inflating the 5 th respondent's entitlement by 0.5 Ares. Though various directions have been issued internally by the District Revenue Officer, Villupuram on 16.02.2018, the Sub-Collector, Kallakuruchi on 06.08.2020 and later by the 2 nd respondent on 20.10.2020 and on 30.03.2022 to take corrective action, no effective steps have been taken.

4.He would further submit that the petitioner also submitted an online application for resurvey on 10.06.2025, but no survey has been conducted, but no survey has been conducted. Thereafter, the petitioner approached the 1 st respondent on 23.06.2025. Considering the same, the 1 st respondent directed the

nd respondent to take appropriate action vide letter dated 04.07.2025. Despite such instructions from the superior authority no action has been taken till date. Hence, the present writ petition has been filed. 5.Learned Special Government Pleader appearing for the respondents 1 to 4 would submit that the respondents-Department have called for the records from the Additional Director of Survey and Settlement and they are yet to get the communication. After receiving the communication, the representation of the petitioner dated 23.06.2025 will be disposed of. 6.Heard the learned counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents 1 to 4. 7.Considering the submissions made by the either parties, and taking note of the fact that the respondents-Department are under the process of disposing the representation dated 23.06.2025 and called for records from the Additional

Director of the Survey and Settlement, the respondents 2 to 4 is directed to dispose of the representation of the petitioner dated 23.06.2025 and dispose of the same on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. 8.With the above directions, this writ petition is disposed of. No costs. 17-09-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Secretary To Government, Revenue And Disaster Management Department, Fort St. George, Chennai-600 009.

2.The District Collector, Office Of The Collectorate Kallakurichi District, Kallakurichi- 606 202.

3.The District Revenue Officer, Office Of The Collectorate Kallakurichi District, Kallakurichi- 606 202.

4.The Tahsildar Chinnasalem Taluk, Salem Main Road, Chinna Salem- 606 201.

KRISHNAN RAMASAMY J.

rst WP No. 35251 of 2025 17-09-2025