Believers Church v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA Believers Church, Represented by its Pastor John Weseley @ M.Kannan, No.39, High School Road, Ambasamuthiram,Tirunelveli.

... Petitioner Vs.

1. The District Collector, District Collectorate, Tirunelveli

2. The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli.

3. The Tahsildar, Ambasamuthiram, Tirunelveli.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to delete the unrelated names and issue patta in the name of the petitioner's church i.e. Believers Church based on the petitioner''s representation dated 26.09.2024 For Petitioner : Mr.P.Edin Brough For Respondents : Mr.R.Raghavendran Government Advocate 1/5

O R D E R

The writ petition is filed for a writ of mandamus directing the respondents to delete the unrelated names and issue patta in the name of the petitioner's church based on the petitioner's representation dated 26.09.2024.

2. With consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner states that the petitioner's church purchased the property in S.Nos.276/4, to an extent of 25.56 cents, under a registered sale deed in Doc.Nos.151/2016, 152/2016 and 161/2016. Patta for the said property originally stood in the name of the vendors of the petitioner in Patta No.571. While so, the petitioner came to understand that the name of one Rajesh Kanna was wrongly included in the patta. The petitioner therefore submitted a representation to the third respondent to rectify the defect in the patta. Thereafter, properties were subdivided as 276 4/A and 276 4/B. In respect of S.No.276/4A, one Sankarapandiyan's name was included in the patta. Aggrieved by the inclusion the names of Rajesh Kanna and Sankarapandiyan in Patta No.571, the petitioner submitted a representation for rectification of patta to the respondents 1 to 3 on 26.09.2024. As no action was taken, the petitioner filed the above writ petition for the aforesaid relief. 2/5

4. The learned counsel for the petitioner submitted that though larger relief is sought for in this writ petition, it would suffice if a direction is issued to the second respondent to consider the petitioner's representation dated 26.09.2024 and pass orders within a time frame to be fixed by this Court.

5. Considering the limited prayer sought for by the learned counsel for the petitioner, a direction is issued to the second respondent to consider the petitioner's representation dated 26.09.2024 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of reciept of a copy of this order. It is needless to state that before passing final orders on the said representation, the second respondent shall issue notice to the petitioners and all the interested persons, conduct enquiry and thereafter pass final orders.

6. With the above direction, this writ petition is disposed of. No costs. 29.01.2025 NCC:yes/no Index:yes/no Internet:yes/no CM 3/5

To:

. The District Collector, District Collectorate, Tirunelveli

2. The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli.

3. The Tahsildar, Ambasamuthiram, Tirunelveli.

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N.MALA, J.

CM 29.01.2025 5/5