Syed Sulthan Ibrahim v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Syed Sulthan Ibrahim ... Petitioner vs.

1.The District Collector, Dindigul District-624 004.

2.The Revenue Divisional Officer, Kodaikanal, Dindigul-624 101.

3.The Tahsildar, Anna Salai Main Road, Kodaikanal-624 101, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to take appropriate action to change patta in the name of the petitioner and his brothers in respect of the property in S.Nos.783/1B1 and 783/3B1 Kodaikanal Taluk, Dindigul District totally measuring about 4 acres 65 cents by considering the representation of the petitioner, dated 30.12.2021.

For Petitioner :Mr.R.Maheswaran For Respondents :Mr.J.Ashok Additional Government Pleader 1/5

O R D E R

This Writ Petition has been filed in the nature of Mandamus seeking a direction against the respondents to take appropriate action to change patta in the name of the petitioner and his brothers in respect of the property in S.Nos.783/1B1 and 783/3B1 Kodaikanal Taluk, Dindigul District totally measuring about 4 acres 65 cents by considering the representation of the petitioner, dated 30.12.2021. 2.Heard Mr.R.Maheswaran, learned Counsel for the petitioner and Mr.J.Ahok, learned Additional Government Pleader for the respondents. 3.The learned Counsel for the petitioner stated that the petitioner's father, Kadharsha, had died on 12.08.2020. Death certificate has been filed as a document to the Writ Petition. Legal heirship certificate has also been issued by the competent authority and the same has also been filed.

Copy of the patta in the name of the father of the petitioner has also been filed as a document to the Writ Petition. The petitioner had given an application seeking to change the name in the patta from the name of the father of the petitioner to the names of the petitioner and all his brothers.

The petitioner also stated that area should also be changed. 4.The issue is under the purview of the third respondent/Tahsildar and the Tahsildar may, therefore, invite the petitioner and seek necessary clarification with respect to the area. The Tahsildar may cause measurement of the land and thereafter, take a decision. Before taking any decision, the Tahsildar may issue notice to the brothers of the petitioner, who may either directly or indirectly required to be heard before any orders to be passed. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above, this Writ Petition stands disposed of. No costs. Index :Yes / No 10.03.2023 Internet :Yes NCC : Yes/No cmr 3/5

To 1.The District Collector, Dindigul District-624 004.

2.The Revenue Divisional Officer, Kodaikanal, Dindigul-624 101.

3.The Tahsildar, Anna Salai Main Road, Kodaikanal-624 101, Dindigul District.

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C.V.KARTHIKEYAN, J.

cmr Order made in 10.03.2023 5/5