Dhinantharaj v. He District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 233 of 2025 Dhinantharaj

...Petitioner

Vs.

1.The District Collector, Chengalpattu District, Chengalpattu 2.The District Revenue Officer, Chengalpattu District, Chengalpattu.

3.The Revenue Divisional Officer, Pallavaram Taluk, Chengalpattu Taluk, Chengalpattu District, Chengalpattu 4.The Tahsildar, Office of the Tahsildar, Pallavaram Chennai 600 043.

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5.Ashok Madan 6.Juliat Rajan

...Respondent

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents 1 to 4 to issue patta pertaining to the lands in all measuring 3045 sq.ft. comprised in Survey no. 157, Old no. 129, New no. 100, Pammal Village, Tambaram Taluk, then Kancheepuram District now Chengalpattu District, within the Sub Registration District of Pammal, and within the Registration District of South Chennai.

For Petitioner :

Mr. Ashok Kumar.D For Respondents :

Mr. G.Velu 1 to 4 Additional Government Pleader.

O R D E R

The Writ Petition is filed for the following relief: "To direct the respondents 1 to 4 to issue patta pertaining to the lands in all measuring 3045 sq.ft. comprised in Survey no. 157, Old no. 129, New no. 100, Pammal Village, Tambaram Taluk, then Kancheepuram District now Chengalpattu District, within the Sub 2/6

Registration District of Pammal, and within the Registration District of South Chennai".

2. The subject lands had been purchased by the petitioner under a registered sale deed dated 04.03.1998 and since then he is in occupation and possession of the same. The lands are patta lands. Out of the total extent measuring 3045 Sq.ft., 1744 Sq.ft., belonged to 15 persons under a registered partition deed dated 07.12.1959. They had executed a registered power of attorney dated 01.02.1996 in favour of one P.Chandar. The said P.Chandar sold this extent of 1744 sq.ft., along with his personal property measuring 1301 sq.ft., to the petitioner under the sale deed dated 04.03.1998.

3. The petitioner would submit that since patta was not transferred in his favour, he had enquired at the Taluk Office, Pallavaram where he was informed that the same was issued erroneously in favour of Ashokmedha and Juliet Rajan. On further enquiry he came to learn that the error crept in during the UDR scheme. 3/6

The petitioner was under the mistaken impression that an appeal challenging this worngful entry vests with the 3rd respondent and had therefore preferred an appeal to the 3rd respondent on 12.07.2023. Since there was no follow up action on the part of the 3rd respondent, the Writ Petition has been filed for issue of patta.

4. The relief claimed cannot be granted unless the UDR patta is rectified. It is seen that an appeal has been filed before the Revenue Divisional Officer, Pallavaram Taluk / 3rd respondent as early as on 12.07.2023, which is yet to be disposed of. Therefore, a direction is issued to the 3rd respondent to dispose of the said appeal, within a period of 3 weeks from the date of receipt of a copy of this order.

5. The Writ Petition is dismissed with the above observation. No costs.

09.01.2025 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The District Collector, Chengalpattu District, Chengalpattu 2.The District Revenue Officer, Chengalpattu District, Chengalpattu.

3.The Revenue Divisional Officer, Pallavaram Taluk, Chengalpattu Taluk, Chengalpattu District, Chengalpattu 4.The Tahsildar, Office of the Tahsildar, Pallavaram Chennai 600 043.

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P.T. ASHA, J, kan W.P.No. 233 of 2025 09.01.2025 6/6