P.Ramasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA P.Ramasamy ....
Petitioner Vs 1.The District Collector, Krishnagiri District, Krishnagiri.
2.Revenue Divisional Officer Krishnagiri District Collector Office Complex, Krishnagiri.
3.The Tahsildar, Tahsldar Office, Hosur, Krishnagiri District.
....
Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to consider the petitioner's representation dated 25.10.2024, to cancel the wrong computer data showing the property in R.S. No. 83 is proomboke land, and to issue patta in the name of petitioner for the property in R.S. No. 83- measuring to an extent of 1.93.0 hec, situated at Rangopanditha Agraharam Village, Hosur 1/6
Taluk, Krishnagiri District, pending on the file of 2nd and 3rd respondents within a reasonable time frame fixed by this Court. For Petitioner :
Mr.S.Natarajan For Respondents :
Mr.M.R.Gokul Krishnan Additional Government Pleader
ORDER
A mandamus is sought to the respondents 2 and 3 to consider the petitioner's representation dated 25.10.2024 to cancel the wrong computer data showing the property in R.S.No.83 as poromboke land and issue a patta in the name of the petitioner.
2. The facts relevant for disposing of the petition are set out below. The immovable property, measuring an extent of 1.93.0 comprised in R.S.No.83, situated at Rangopanditha Agraharam Village, Hosur Taluk, Krishnagiri District, was the ancestral property of the petitioner, which was enjoyed by his father, Pappannan, till his death. The lands were inadvertently recorded as Government poromboke in the village revenue records. Therefore, the petitioner's father had made an application to the respondents 2 2/6
and 3 to correct the wrong entry and grant a patta. By an order dated 18.09.1976, the Assistant Settlement Officer had passed an order directing the issuance of patta in the name of the petitioner's father. Therefore, before the UDR, in the SLR and Old "A" Register, the property was registered in the name of the petitioner's father, Pappannan, under Patta No.21. During the UDR Scheme, the property has been inadvertently recorded as an Oodai. Therefore, once again, the petitioner's father submitted an application before the Sub-Collector, Krishnagiri for correction in the UDR records. The Sub Collector, Krishnagiri has passed an order on 06.09.1993 to cancel the wrong entry and issue a patta in the name of the petitioner's father, which was also issued under Patta No.3. The corrections were also effected in the relevant revenue records.
3. The petitioner's father died intestate on 25.04.1998, leaving behind only the petitioner as his surviving legal representative. A legal heirship certificate was also issued to the petitioner. However, during the digitalization of the land records, 3/6
the property has once again been described as Government poromboke. On coming to know about the same, the petitioner had made a representation dated 25.10.2024 to the respondents 2 and 3 to correct the said error. Since the said representation has not been disposed of, therefore, the petitioner is before this Court.
4. Heard the learned counsel appearing on either side and perused the materials available on record.
5. From the perusal of the records and the affidavit filed in support of the writ petition, it is seen that on two earlier occasions, the respondents classified the property first as Government proromboke and thereafter as an Oodai and once the mistake has been pointed out, they also rectified the same. Despite the earlier rectification, once again, the respondents have repeated the very same mistake. Further, the representation which has been filed in the month of October 2024 has also not been considered. 4/6
6. Therefore, a mandamus is issued to the second and third respondents to dispose of the petitioner's representation dated 25.10.2024, after giving an opportunity of a personal hearing to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.
7. 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 To 1.The District Collector, Krishnagiri District, Krishnagiri.
2.Revenue Divisional Officer Krishnagiri District Collector Office Complex, Krishnagiri.
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P.T. ASHA, J, Lpp 3.The Tahsildar, Tahsldar Office, Hosur, Krishnagiri District W.P.No. 38652 of 2024 03.01.2025 6/6