Santhosh Chordia v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.3444 of 2024 1.Santhosh Chordia 2.P.Dinesh Chordia ... Petitioners vs.

1.The District Collector, Tiruenveli District.

2.The Sub Collector, Sub Collector Office, Cheranmahadevi, Tirunelveli District.

3.Bagavathiammal 4.Madasamy ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent herein to forthwith pass order in respect of rectification in patta No.460 in respect of the lands of an extent of 0.06.0 hectares in Survey No. 239/12, 0.22.5 hectares in Survey No.239/13, 0.21.0 hectares in Survey No.240/3, 0.62.5 hectares in Survey No.264/2, 0.09.5 hectares in Survey 1/5

No.268/9, 0.37.5 hectares in Survey No.269/4 and 0.01.5 hectares in Survey No.270/7 of Kasthurirengapuram Village II, pursuant to petitioner's representation dated 28.12.2023. For Petitioners : Mr.C.Mahadevan For R1 & R2 : Mr.P.Thambidurai Government Advocate

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the 2nd respondent to forthwith pass order in respect of rectification in patta No.460 to an extent of 0.06.0 hectares in Survey No.239/12, 0.22.5 hectares in Survey No.239/13, 0.21.0 hectares in Survey No.240/3, 0.62.5 hectares in Survey No.264/2, 0.09.5 hectares in Survey No.268/9, 0.37.5 hectares in Survey No.269/4 and 0.01.5 hectares in Survey No.270/7 of Kasthurirengapuram Village II, pursuant to the petitioner's representation dated 28.12.2023.

2. According to the petitioners, they are the joint owners of the lands in Survey Nos.239/12, 239/13, 240/3, 264/2, 268/9, 269/4 and 2/5

270/7 situated at Kasthurirengapuram Village II. While granting patta to the above said properties, a joint patta was issued in the name of the petitioners along with the names of Palani Konar and Madasamy by mistake. Hence, the petitioner has made a representation to the Sub Collector on 28.12.2023, to rectify the said mistake. Thereafter, notice was issued for enquiry and the petitioner also appeared for enquiry on various dates. However, till date no order was passed. Hence, the petitioner has filed the present writ petition.

3. Heard the learned counsel for the petitioners and the learned Government Advocate appearing for the respondents.

4. Considering the above said facts, this Court directs the second respondent to complete the enquiry and pass appropriate orders, on merits and in accordance with law, based on the petitioner's representation dated 28.12.2023, within a period of eight weeks from the date of receipt of a copy of this order.

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5. With the above direction, this Writ Petition is disposed of. No costs.

15.02.2024 akv To 1.The District Collector, Tiruenveli District.

2.The Sub Collector, Sub Collector Office, Cheranmahadevi, Tirunelveli District.

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V.BHAVANI SUBBAROYAN,J.

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