K.Chinnadurai v. District Collector
In the High Court of Judicature at Madras Dated : 02.12.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.35827 of 2024 K.Chinnadurai
...Petitioner
Vs 1.The District Collector, Thiruvallur District.
2.The Tahsildar, Office of the Tahsildar, Thiruthani Taluk, Thiruvallur District.
3.Subramani
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to take action on the petitioner's representation dated 01.8.2024 seeking modification of entry in the patta issued to the third respondent bearing patta No.93 in old Grama Natham Survey No.104/ 19, new Survey No.200/11 at Kanchipadi Village, Thiruthani Taluk, Tiruvallur District within a time frame as may be fixed by this Court. For Petitioner :
Mr.R.Veeramani For R1 & R2 :
Mr.A.Selvendran, SGP
ORDER
Seeking to consider his representation dated 01.8.2024 for 1/5
modification of the entry in patta No.93 in respect of the property in old Grama Natham Survey No.104/19, new Survey No.200/11 at Kanchipadi Village, Thiruthani Taluk, Tiruvallur District, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for respondents 1 and 2.
3. It is the case of the petitioner that the said property is a grama natham, in which, the petitioner and prior to him, his ancestors have been in possession and enjoyment for generations. In the year 1989, the third respondent had purchased a house site, which was owned by the petitioner's senior paternal uncle - one Mr.Mannar Naicker measuring an extent of 1,710 sq.ft. east west 90 feet and north south 19 feet under a sale deed dated 14.6.1989 registered as doc.No.1222 of 1989 on the file of the Sub-Registrar, Thiruttani. But, the third respondent managed to obtain patta for a larger extent than what was actually purchased.
4. The petitioner immediately made a representation to the first respondent on 23.1.2023 to conduct an inquiry into it, in which, the 2/5
second respondent conducted an inquiry. Out of the inquiry, it was found that the third respondent obtained patta for a larger extent and that the third respondent also agreed to make a request for correcting the patta. However, as promised, the third respondent had not attempted to carry out the corrections in the patta. Therefore, the petitioner sent another representation dated 01.8.2024 to the first respondent seeking to take further action on it, which is not being taken up for inquiry despite no objection from the third respondent.
5. In the light of the above, the writ petition is allowed and a Mandamus is issued to the first respondent to take action on the petitioner's representation dated 01.8.2024 for modification of the entry in the patta bearing in mind the request made by the third respondent for carrying out corrections in the patta and pass appropriate orders on the same within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 02.12.2024 To 1.The District Collector, Thiruvallur District.
2.The Tahsildar, Office of the Tahsildar, Thiruthani Taluk, Thiruvallur District.
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P.T.ASHA,J RS 02.12.2024 5/5