Murugesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Murugesan .... Petitioner /Vs./ 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Kariapatti Taluk, Virudhunagar District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to rectify the defect in Patta No.56 in Survey No.53/3 situated at Isalimadai Village, Kariapatti Taluk, Virudhunagar District for the extent of 0.33.5 ares and issue patta in the petitioner's name by the way of considering his representation dated 10.12.2024 within the time stipulated by this Court. 1/5

For Petitioner : Mr.R.Venkatesan For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

With the consent of the parties, the writ petition itself is taken up for final disposal at the admission stage.

2. The petitioner seeks issuance of a Writ of Mandamus to dispose of his representation dated 10.12.2024 seeking rectification of the defects in the patta issued to the petitioner.

3. I have heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

4. The learned Special Government Pleader appearing for the respondents would submit that the petitioner's father had sold certain lands to Kalaimagal Sabha and there is also a sale deed in favour of said Kalaimagal Sabha in document Number.1650/1996 in respect of lands 2/5

comprised in survey Nos.53/2 and 53/3. He would therefore submit that without conducting any further enquiry in this regard, it may not be possible to act on the petitioner's request for rectification of the patta.

5. The learned counsel for the petitioner refutes the statement of the learned Special Government Pleader stating that the lands which have been sold by the petitioner's father has nothing to do with the subject lands. The petitioner purchased the subject lands only in the year 2019 and the petitioner is not claiming any inheritance from the father.

6. Considering the limited scope of the prayer sought for, I deem it suffice to issue a direction to the third respondent to conduct an enquiry on the petitioner's application for rectification of the patta, after issuing notice to the Kalaimagal Sabha which is being administered by an officer of this Court and after ascertaining the ground position regarding the alleged mistakes in the patta and after affording an opportunity to the petitioner as well as the Kalaimagal Sabha, the Tashildar shall pass final order, on merits, on the petitioner's application 3/5

seeking rectification of errors in the patta issued to the petitioner. The said exercise shall be completed within a period of sixteen weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 19.02.2025 am To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Kariapatti Taluk, Virudhunagar District.

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P.B. BALAJI , J.

am Order made in Dated:

19.02.2025 5/5