P.Muthukumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI P.Muthukumar ... Petitioner Vs

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Revenue Divisional Officer, Palaiyankottai, Tirunelveli District.

3. The Tahsildar, Palaiyankottai, Tirunelveli District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to rectify the error occurred by the 3rd respondent by way of exclude the properties in Survey No. 444/1B1 from Patta No. 3984 and consequently directing the respondents to restore the joint patta No. 271 in favour of petitioners demised father namely Paramasivan along with others as earlier position in Survey No.444/1B1 at Krishnapuram Village, Palaiyankottai Taluk, Tirunelveli District based on the petitioner's representation, dated 1/5

23.01.2023 within the time limit that may be stipulated by this Court. For Petitioner : Mr.B.Anandan For Respondents : Mrs.K.Malathy Additional Government Pleader

ORDER

The petitioner seeks for issuance of a writ of Mandamus to direct the 2nd respondent to dispose of the representation, dated 30.01.2023 for rectification of the joint patta. 2.Heard the learned counsel on either side and perused the materials available on record.

3.Considering the limited scope of the relief sought for by the petitioner, with the consent of both parties, this writ petition is taken up for final disposal.

4.It is the grievance of the petitioner that when the computer patta is standing in the name of the petitioner's father and other joint pattadhars, totalling in all 12 persons in patta No.271, without issuing 2/5

any notice to the said pattadhars, including the petitioner's father, patta No.3984 in respect of very same survey number has been issued in favour of the 126 persons, who are totally unconnected to the petitioner's property. Therefore, the petitioner has sought for necessary rectification before the 2nd respondent. The said application is pending with the 2nd respondent from 30.01.2023 onwards.

5.Considering the above, it would suffice to issue a direction to the 3rd respondent to pass orders on the petitioner's application for rectification of joint patta by conducting necessary enquiry and pass final orders. Such exercise shall be completed within a period of eight weeks from the date of receipt of copy of the order. No costs. NCC : Yes / No 04.03.2025 Index : Yes / No PNM 3/5

TO:-

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Revenue Divisional Officer, Palaiyankottai, Tirunelveli District.

3. The Tahsildar, Palaiyankottai, Tirunelveli District.

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P.B. BALAJI , J.

PNM ORDER IN 04.03.2025 5/5