Thaniyal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Thaniyal .... Petitioner /Vs./ 1.The District Collector, Thoothukudi-628 101, Thoothukudi District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti-628 501, Thoothukudi District.

3.The Tahsildar, Ottapidaram Taluk-628 401, Thoothukudi District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to cancel the wrong Joint Patta No.3330 in survey No.173/1 in the petitioner's property and issue patta in favour of the petitioner based on the petitioner's sale deed Document No.1408/1974 on 05.09.1974 in Puthiyamputhur Village, Ottapidaram Taluk, Thoothukudi District by considering the petiitoner's 1/5

representation dated 08.01.2025 and pass orders on merits and in accordance with law.

For Petitioner : Mr.K.Chinraj For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents to cancel the Joint Patta in Patta No.3330 in survey No.173/1 pertaining to the petitioner's property and to issue fresh patta in favour of the petitioner based on the petitioner's purchase under sale deed dated 05.09.1974 in document No.1408/1974. The petitioner has given a representation in this regard on 08.01.2025 and seeks consideration of the same on merits and in accordance with law.

2. Considering the limited scope of the relief sought for in the writ petition, with the consent of the parties, the writ petition itself is taken up for final disposal.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for 2/5

the respondents.

4. Admittedly, the petitioner has given a representation to the second respondent on 08.01.2025 and seeks to dispose of the said representation for cancellation of the patta wrongly issued in joint patta No.3330 and to consequently issue a separate patta in favour of the petitioner. It would suffice to issue direction to the second respondent to enquire into the petitioner's application, dated 08.01.2025 and pass orders after hearing any interested parties and on the merits of the application of the petitioner and in accordance with law. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this roder.

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

Index : Yes / No NCC : Yes / No 24.02.2025 am 3/5

To 1.The District Collector, Thoothukudi-628 101, Thoothukudi District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti-628 501, Thoothukudi District.

3.The Tahsildar, Ottapidaram Taluk-628 401, Thoothukudi District.

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P.B. BALAJI , J.

am Order made in Dated:

24.02.2025 5/5