Ramar V v. The Sub Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE V.Ramar ... Petitioner Vs.
1.The Sub Collector, Sub Collector Office, Musiri Taluk, Trichy District.
2.The Tahsildar, Taluk Office, Thuraiyur Taluk, Trichy District.
3.The Taluk Head Surveyor, Taluk Office, Thuraiyur Taluk, Trichy District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to conduct the proceedings in Na.Ka.No.A4/6182/2019 dated 09.03.2020 and to issue amend the patta in the name of the petitioner in S.F.No.582/4 situated at A.Patherpettai Village, Thuraiyur Taluk, Trichy District for the extent of 1.48 ares. For Petitioner : Mr.V.Karuna For Respondents 1 to 3 : Mrs.S.Jeyapriya Government Advocate
O R D E R
*********** This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to carry out the amendment in the patta presently standing in the name of the petitioner for S.F.No.582/4, situated at A.Partherpettai Village, Thuraiyur Taluk, Trichy District measuring an extent of 1.48 ares based on the petitioner's representation dated 30.10.2019 within a time frame to be fixed by this Court.
2.It is the case of the petitioner that he is the owner of the aforementioned property and since the patta issued earlier requires amendment, he has given a representation dated 30.10.2019 to the second respondent to rectify the mistake. Since the said 1/3
representation has not been considered till date, he has filed this writ petition.
3.Heard Mr.V.Karuna, learned Counsel appearing for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate who accepts notice on behalf of the respondents 1 to 3. 4.On instructions, the learned Government Advocate would submit that proceedings based on the petitioner's representation has already been initiated by the first respondent. The said statement is recorded.
5.No prejudice would be caused to the respondents if the petitioner's representation seeking for amendment of patta for the subject property is considered on merits and in accordance with law after affording a fair opportunity of hearing to the petitioner and other necessary parties whom the respondents so deem fit to enquire, within a time frame to be fixed by this Court. 6.Accordingly, this Court directs the second respondent to consider the petitioner's representation dated 30.10.2019 seeking for issuance of an amended patta in the name of the petitioner for S.F.No.582/4, situated at A.Partherpettai Village, Thuraiyur Taluk, Trichy District measuring an extent of 1.
48 ares and pass final orders on merits and in accordance with law after affording a fair opportunity of hearing to the petitioner and other necessary parties whom the second respondent so deems fit to enquire within a period of two [2] months from the date of receipt of a copy of this order. 7.With the aforesaid direction, the writ petition stands disposed of. There shall be no order as to costs. Sd/- Deputy Registrar (Accounts) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The Sub Collector, Sub Collector Office, Musiri Taluk, Trichy District.
2.The Tahsildar, Taluk Office, Thuraiyur Taluk, Trichy District.
3.The Taluk Head Surveyor, Taluk Office, Thuraiyur Taluk, Trichy District.
+1 CC to M/s.SPL GP ( SR-9217[F] dated 01/03/2022 ) 28.02.2022 MGJ(14.03.2022) 3P 5C 3/3