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Madras High CourtWP/38618/2024allowed

A.Kandasamy Mudaliar v. The Thasildar

2025-01-03Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA A.Kandasamy Mudaliar .... Petitioner Vs 1.The Thasildar, Kundrathru Taluk, Having Taluk Office at Kundrathur, Chennai 600 069.

2.The Revenue Divisional Office, Sriperumbudur Taluk, Taluk Office, Sriperumbudur Pincode 602 105.

3.The District Revenue Officer, Kancheepuram District, Collector Office, Kancheepuram Pincode 631 501.

4.The District Collector, Kancheepuram District, Collector Office at Kancheepurm Pincode 631 501.

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Mandamus, directing the respondents to take action on the 1/6

basis of petitioner's representation dated 19.10.2024 to enter petitioner name A.Kandasamy Mudaliar, S/o.late Arulprakasam in the village revenue records of Aathanachery, Kundrathur taluk, Kancheepuram District in respect of petitioner's property comprised in Survey No.277 / 15 B, measuring to an extent of 01.82 Are by effecting name change and updation in the chitta Adangal and FMB of the Village Revenue records as per the Patta issued in the petitioner name bearing patta No.319, vide proceedings, 8ANo.1529/1416 dated 05.01.2007 under village No.89, Aathanachery Village, Kundrathur Taluk, Kancheepuram District. For Petitioner :

Mr.M.Thangadurai For Respondents :

Mr.A.Selvendran Special Government Pleader

ORDER

The petitioner has made a representation dated 19.10.2024 to the respondents to enter his name in the village revenue records of Aathanachery, Kundarathur Taluk, Kancheepuram District, in respect of the property measuring an extent of 01.82 ares, comprised in Survey No.277/15B by effecting a name change and updating in the Chitta, Adangal and FMB in the village revenue records as per the patta issued to the petitioner in Patta No.319.

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2. The petitioner would submit that the subject property was settled in his favour by his mother, Sivagami, under a registered settlement deed dated 15.02.1978. The petitioner has been in peaceful possession and enjoyment of the same since the date of the settlement. He has also obtained a patta and also had the revenue records mutated in his name. Though the petitioner has been issued patta for the said property by the Tahsildar, Sriperumbudur Taluk, after constitution of the new Taluk viz., Kundrathur Taluk, the revenue records were transferred from the Sriperumbudur Taluk office to the Kundrathur Taluk office. However, the records have not been updated. The petitioner had made several representations in person and had given a detailed petition on 19.10.2024, which has also not been taken into consideration. Therefore, the petitioner is before this Court.

3. From the perusal of the affidavit and the records filed, it is seen that the petitioner has been issued with a patta in respect of the property comprised in Survey No.277/15B measuring an extent of 01.82 Ares. A representation was sent on 19.10.2024. The petitioner's land was 3/6

originally situated within the Sriperumbudur Taluk but following the formation of new Taluk of Kundrathur, the property now falls within the jurisdiction of the Kundrathur Taluk.

4. Therefore, a mandamus is issued to the first respondent to consider the petitioner's representation dated 19.10.2024 and pass orders within a period of three months from the date of receipt of a copy of this order. It is needless to say that the respondent shall give a personal hearing to the petitioner so as to enable him to produce the documents.

5. With the above direction, this writ petition stands allowed. No costs.

03.01.2025 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking order Lpp 4/6

To 1.The Thasildar, Kundrathru Taluk, Having Taluk Office at Kundrathur, Chennai 600 069.

2.The Revenue Divisional Office, Sriperumbudur Taluk, Taluk Office, Sriperumbudur Pincode 602 105.

3.The District Revenue Officer, Kancheepuram District, Collector Office, Kancheepuram Pincode 631 501.

4.The District Collector, Kancheepuram District, Collector Office at Kancheepurm Pincode 631 501. 5/6

P.T. ASHA, J, Lpp W.P.No. 38618 of 2024 03.01.2025 6/6