Madras High CourtWP(MD)/5534/2022disposed of

Samikannu v. The District Collector

2022-03-29Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.5534 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.5534 of 2022 Samikannu ... Petitioner /Vs./ 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Iluppur, Pudukkottai District.

3.The Tahsildar, Viralimalai Taluk, Pudukkottai District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 1 to 3 to take appropriate order to record the petitioner's name, Samikannu S/o.Apputchi Konar in Patta No.1596 of Viralur Village, Viralimalai Taluk, Pudukkottai District, by implementing the order of the 2nd respondent passed in proceedings No.Na.Ka.No.A3/4220/2018 dated 30.10.2018 by considering the petitioner's representation dated 24.12.2020 within a stipulated time.

For Petitioner : Mr.Sasidharan Tamilkani 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 1 to 3 to rectify the error in Patta No.1596 issued in respect of Viralur Village, Viralimalai Taluk, Pudukkottai District by implementing the order of the 2nd respondent passed in proceedings No.Na.Ka.No.A3/4220/2018 dated 30.10.2018 by considering the petitioner's representation dated 24.12.2020 within a time frame to be fixed by this Court.

2.According to the petitioner, his representation has been acted upon by the second respondent, who has passed the proceedings in Na.Ka.No.A3/4220/2018 dated 30.10.2018 recommending the correction of patta as sought for by the petitioner. However, according to the petitioner, the first respondent has not passed final orders till date. In such circumstances, he has filed this writ petition.

3.Heard Mr.Sasidharan Tamilkani, learned Counsel for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate who https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.5534 of 2022 accepts notice on behalf of the respondents.

4.Admittedly, the proceedings have been issued by the second respondent on 30.10.2018, based on the petitioner's representation for correction of patta No.1596. No prejudice would be caused to the respondents, if final orders are passed within a time frame to be fixed by this Court.

5.Accordingly, this Court directs the first respondent to pass final orders, based on the petitioner's representation dated 24.12.2020 requesting for correction of patta No.1596 and also based on the proceedings of the second respondent in Na.Ka.No.A3/4220/2018, dated 30.10.2018, after affording a fair hearing to the petitioner including granting him the right of personal hearing, within a period of three [3] months from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Iluppur, Pudukkottai District.

3.The Tahsildar, Viralimalai Taluk, Pudukkottai District.

+1 CC to M/s.S.T.SASIDHARAN TAMILKANI, Advocate ( SR-15132[F] dated 29/03/2022 ) +1 CC to M/s.SPL GP ( SR-15316[F] dated 30/03/2022 ) W.P.[MD]No.5534 of 2022 29.03.2022 KMV(CO) KB(08.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2