Nagarajan .Kr v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE KR.Nagarajan .. Petitioner Vs 1.The District Collector, Sivagangai District.

2.The Revenue Divisional Officer, Sivagangai Division, Sivagangai District.

3.The Tahsildar, Sivagangai Taluk, Sivagangai District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to mutate the revenue records in the name of the petitioner in respect of the land situates in Old.S.No.94/2A, Block No.4, Survey Field No.11, Sub Division No.7A1, in Sivagangai Taluk and District and consequently, direct the respondents to issue patta to the petitioner for the same property.

For Petitioner : Mr.K.Navaneetharaja For Respondents : Mr.T.Amjad Khan Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to mutate the revenue records in the name of the petitioner in respect of the land situated in Old.S.No.94/2A, Block No.4, Survey Field No.11, Sub Division No.7A1, in Sivagangai Taluk and District and consequently, direct the respondents to issue patta to the petitioner for the same property. 2.The petitioner claims that he is the absolute owner of the aforementioned property, having purchased the same under a sale deed, dated 24.06.2019, registered as document No.1335/2019. The petitioner has filed the parent documents along with the writ petition. The petitioner has submitted an application with the third respondent, seeking for mutations in his name in the revenue records and for issuance of patta. The petitioner has submitted an application and has also given a representation, on 25.02.2022, requesting for mutation of his name in the revenue records and for issuance of patta. Since his application and his representation has 1/3

not been considered till date, he has filed this writ petition. 3.Heard Mr.K.Navaneetharaja, learned counsel appearing for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents.

4.No prejudice will be caused to the respondents, if the petitioner's application seeking mutation of revenue records in his name for the subject property and issuance of patta, is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the first respondent deems fit to enquire.

5.Accordingly, this Court directs the first respondent to consider the petitioner's application and his subsequent representation dated 25.02.2022, requesting for mutation of revenue records in his name, for the property situated in Old.S.No.94/2A, Block No.4, Survey Field No.11, Sub Division No.7A1, in Sivagangai Taluk and District and consequently, issue patta in his name and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner including granting him the right of personal hearing and also enquiring any other necessary party, whom the first respondent deems fit to enquire, within a period of twelve weeks from the date of receipt of a copy of this order.

6.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.

To 1.The District Collector, Sivagangai District. 2/3

2.The Revenue Divisional Officer, Sivagangai Division, Sivagangai District.

3.The Tahsildar, Sivagangai Taluk, Sivagangai District. +1 CC to M/s.SPL GP ( SR-15082[F] dated 29/03/2022 ) 28.03.2022 SR(CO) KB(08.04.2022) 3P 5C 3/3