Madras High CourtWP/31392/2018disposed of

Palanivelu v. The Collector

2022-06-10Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.06.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.31392 of 2018 and W.M.P.No.36578 of 2018

1. Palanivelu

2. Balu

3. Murugesan

4. Rajendran

5. Shanmuga Chetti

6. Duraisamy

7. Babu Chetti

8. Krishnappa Chetti ... Petitioners Vs.

1. The Collector, Thiruvallur, Thiruvallur District.

2. The District Revenue Officer, Pallipattu Taluk, Thiruvallur, Thiruvallur District.

3. The Revenue Divisional Officer, Thiruttani, Thiruvallur, Thiruvallur District.

4. The Tahsildar, Pallipattu Taluk, Thiruvallur, Thiruvallur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to carry out necessary changes in the computer entries of revenue records and to issue the computerized revenue records pertaining to the lands in Survey Numbers 143/2 to 143/9 in Villakkampoodi Village, Pallipattu, Thiruvallur District to the petitioners as per the DKT patta granted in favour of the petitioners forthwith.

For Petitioners :

M/S.V.Manohar For Respondents :

Mr.A.Anandan Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to carry out necessary changes in the computer entries of revenue records and to issue the computerized revenue records pertaining to the lands in Survey Numbers 143/2 to 143/9 in Villakkampoodi Village, Pallipattu, Thiruvallur District to the petitioners as per the DKT patta granted in favour of the petitioners forthwith.

2. The case of the petitioners is that the petitioners have been living in the aforesaid Survey Numbers for generations together and enjoying the lands specified as per the assignment under D-form by the third respondent. The said assignment was made under D.K.T process as early as on 10.10.2003 based on the request made by the petitioners. Subsequent to the grant of D.K.T Patta, the said assignment was carried out in all other revenue records maintained by the respondents, according to the procedure contemplated for the same. While so, the 8th petitioner made a representation dated 27.02.2012 before the third respondent, seeking to issue computerized Patta and Chitta for the aforesaid property for the purpose of availing Bank loan and other benefits extended by the Government from time to time.

Further, based on the representation of the 8th petitioner, the enquiry was conducted on 29.12.2017 and after the enquiry the third respondent made a recommendation for issuance of computerized Patta and Chitta to the petitioners. However, till date, the respondents have not issued computerized revenue records for the aforesaid properties. Hence, the petitioners have filed the present Writ Petition.

3. The learned counsel for the petitioners submitted that, it would suffice, if this Court issues direction to the fourth respondent/Tahsildar to implement the recommendation made by the third respondent and pass orders on the same within a particular time frame that may be fixed by this Court.

4. The learned Government Advocate appearing for the respondents has no objection for the said direction being passed.

5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the fourth respondent/Tahsildar to pass orders on the

recommendation made by the third respondent dated 29.12.2017, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar jd/rap To

1. The Collector, Thiruvallur, Thiruvallur District.

2. The District Revenue Officer, Pallipattu Taluk, Thiruvallur, Thiruvallur District.

3. The Revenue Divisional Officer, Thiruttani, Thiruvallur, Thiruvallur District.

4. The Tahsildar, Pallipattu Taluk, Thiruvallur, Thiruvallur District.

+1cc to Mr.V.Manohar, Advocate, S.R.No.34333 +1cc to the Government Pleader, S.R.No.34881 W.P. No.31392 of 2018 and W.M.P.No.36578 of 2018 SKM(CO) UMA(01/07/2022)