Loganathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.5069 of 2023 Loganathan ... Petitioner Vs

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Sub Collector / Revenue Divisional Officer, Thoothukudi, Thoothukudi District.

3. The Tahsildar, Thoothukudi Taluk, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to dispose petitioner's representation, dated 21.12.2022 within the stipulated time as fixed by this Court, after giving sufficient opportunity to him.

For Petitioner : Mr.C.Mayilvahana Rajendran For R1 to R3 : Mr.J.Ashok Additional Government Pleader 1/5

O R D E R

The Writ Petition has been filed in the nature of mandamus seeking the respondents No.1 to 3, to dispose of the representation of the petitioner, dated 21.12.2022.

2.The Authority, who has to examine the issue is the third respondent/Tahsildar.

3.The mother of the petitioner had purchased 34 cents of land, out of a larger extent at S.F.932 in Meelavittan Village, vide Doc.No. 2949/1959, dated 27.11.1959. The document was registered at the Sub Registrar Office, Thoothukudi. The mother died on 27.04.1975. The petitioner Loganathan, his brother V.P.Gopal and two sisters Saraswathi and Alli are the legal hairs. They applied for mutation of Patta in their names. Mutation was also done.

4.Subsequently, another Patta was issued in Patta No.3020. However, in that particular Patta the name of the petitioner was left out. The 2/5

names of his brother and the two sisters had been included. This has necessiated the petitioner to give a representation, dated 21.12.2022. 5.In view of the above facts, a direction is issued to the third respondent to examine the documents relating to the purchase of property by the mother of the petitioner, the mutation of the records in the name of mother of the petitioner, his brother and two sisters and determine as to why the name of petitioner alone had been left out in Patta No.3020. If it is found that inadvertently the name of the petitioner had been left out in the said patta, steps may be taken to include the name of the petitioner, along with his brother V.P.Gopal and two sisters Saraswathi and Alli. The said exercise shall be completed by the third respondent/Tahsildar on or before 15.04.2023. 6.With the above directions, this Writ Petition stands disposed of. No costs.

09.03.2023 NCS : Yes/No Index : Yes / No Internet: Yes/ No PNM 3/5

To

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Sub Collector / Revenue Divisional Officer, Thoothukudi, Thoothukudi District.

3. The Tahsildar, Thoothukudi Taluk, Thoothukudi District.

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C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.5069 of 2023 09.03.2023 5/5