Annakamu v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Annakamu .. Petitioner Vs 1.The District Collector, District Collectorate Office, Dindigul District, Dindigul.
2.The Tahsildar, Taluk Office, Dindigul East Taluk, Dindigul District.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to conduct verification of official records and pass orders relating to the Document of Duplicate patta, dated 05.03.1973 to the Land Survey No.844/6, Koovanthu Village, Dindigul East Taluk, Dindigul District, pursuant to the representation of the petitioner, dated 19.01.2022 and the proceedings of the 2nd respondent in O.Mu.No.2488/2022/D1, dated 29.01.2022.
For Petitioner : Mr.V.Illanchezian For Respondents : Mr.B.Saravanan Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to conduct an enquiry and verify whether the duplicate patta, dated 05.03.1973, pertaining to the land in Survey No.844/6, Koovanthu Village, Dindigul East Taluk, Dindigul District, is correct or the petitioner's patta issued on 31.07.1973, for the very same property is correct, based on the petitioner's representation, dated 19.01.2022. 2.It is the contention of the petitioner that by proceedings of the first respondent dated 29.01.2022, the first respondent has directed the second respondent to verify as to which patta is correct. Since no final orders have been passed till date, the petitioner has filed this writ petition.
1/3
3.Heard Mr.V.Illanchezian, learned counsel for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
4.The petitioner has filed the copy of the sale deed and the patta standing in his name for the subject property. He has also filed the copy of patta dated 05.03.1973, which the petitioner claims is a forged patta. He has given a representation on 19.01.2022, seeking clarification from the official respondents as to which patta is a genuine one. By proceedings, dated 29.01.2022, the first respondent has also forwarded the representation of the petitioner to the second respondent. Admittedly, no final orders have been passed till date.
5.No prejudice will be caused to the respondents, if the petitioner's representation referred to supra is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party, whom the second respondent deems fit to enquire.
6.Accordingly, this Court directs the second respondent to pass final orders on the petitioner's representation, dated 19.01.2022, seeking for verification from the official revenue records as to which of the pattas namely the patta issued in favour of the petitioner dated 31.07.1973 or the patta issued in favour of Subban Matharai S/o Madurai Veeran, is genuine, after affording a fair hearing to the petitioner and any other necessary party, whom the second respondent deems fit to enquire, within a period of six weeks from the date of receipt of a copy of this order. 7.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 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.
2/3
To 1.The District Collector, District Collectorate Office, Dindigul District, Dindigul.
2.The Tahsildar, Taluk Office, Dindigul East Taluk, Dindigul District.
+1 CC to M/s.SPL GP ( SR-13022[F] dated 18/03/2022 ) 17.03.2022 SP(CO) TR(31.03.2022) 3P 4C 3/3