Bose v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Bose ...

Petitioner -vs1 The District Collector, Sivagangai District, Sivagangai.

2 The District Revenue Officer, Sivagangai, Sivagangai District.

3 The Revenue Divisional Officer, Sivagangai, Sivagangai District.

4 The Tahsildar, Taluk Office, Manamadurai, Sivagangai District.

5 Sukumaran ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 4th respondent to

issue patta in the petitioner's name in respect of land in Survey No.120/2 with an extent of 0.71.5 ares situated at Maranadu Group, Manamadurai Taluk, Sivagangai District, on the basis of the 3rd respondent's proceeding in Na.Ka.A3/3871/2019, dated 03.09.2024.

For Petitioner :

Mr.V.Ramalingam For Respondents 1 to 4 : Mr.S.Kameswaran, Govt. Advocate.

ORDER

This Writ Petition is filed, seeking issuance of writ of mandamus, to fourth respondent to issue patta in petitioner's name in respect of land in Survey No.120/2 with an extent of 0.71.5 ares, situated at Maranadu Group, Manamadurai Taluk, Sivagangai District, based on the 3rd respondent's proceeding in Na.Ka.A3/3871/2019, dated 03.09.2024.

2. Learned Government Advocate, appearing for the official respondents, would submit, that, in furtherance of the order, dated 03.09.2024, passed by the third respondent - Revenue Divisional Officer, mutation has been carried out in the patta. Now, the patta reflects the names of the father and the paternal uncle of the petitioner.

3. Learned counsel for the petitioner would submit that the petitioner seeks issuance of patta in his name, since his father is no more.

4. On going through the affidavit filed in support of the petition, I find that the entire writ petition is based on the order passed by the third respondent on 03.09.2024. The order, dated 03.09.2024, is brought to my notice by the learned Government Advocate, wherein there is a clear direction for restoration of UDR in the names of the father and the paternal uncle of the petitioner. The said order has been complied with in letter and spirit. Therefore, I do not find any necessity to issue a direction by way of writ petition to issue patta in the name of the petitioner. However, it is always open for the petitioner to produce death certificate of his father, legal heir certificate, and other relevant documents, before the respondents and, thereafter, seek mutation/transfer of patta in his individual name.

5. Giving the above said liberty, this Writ Petition is dismissed. No costs.

04.02.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1 The District Collector, Sivagangai District, Sivagangai.

2 The District Revenue Officer, Sivagangai, Sivagangai District.

3 The Revenue Divisional Officer, Sivagangai, Sivagangai District.

4 The Tahsildar, Taluk Office, Manamadurai, Sivagangai District.

P.B.BALAJI, J.

dixit 04.02.2025