Madras High CourtWP(MD)/5659/2022disposed of

Kamaraj .A.C v. The District Collector

2022-03-30Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A.C.Kamaraj ... Petitioner Vs.

1. The District Collector,

2. The Revenue Divisional Officer, Madurai North,

3. The Tahsildar, Madurai North Taluk, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent herein to consider the representation of the petitioner dated 12.02.2022 and to pass orders on merits and in accordance with law within the stipulated time frame, pertaining to wrong inclusion of the name of the 3rd parties in patta for the property under Old S.No.173/1 and 7, New S.No.33/1 and 7, measuring 01 Acre and 30 Cents of Vilangudi Village 2nd Bit, Madurai North Taluk, Madurai District.

For Petitioner : Mr.K.R.Laxman For Respondents : Mr.S.Jeyapriya Government Advocate

O R D E R

*********** This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to consider the petitioner's representation dated 12.02.2022, requesting the respondents to make necessary correction in the patta for the property under Old S.No.173/1 and 7, New S.No.33/1 and 7, measuring 1 Acre and 30 Cents of Vilangudi Village 2nd Bit, Madurai North Taluk, Madurai District, within a time frame to be fixed by this Court. 2.According to the petitioner, third parties' names have been wrongly included in the joint Patta No.985 which was earlier standing in the name of the petitioner. In such circumstances, the 1/3

petitioner has given a representation on 12.02.2022 seeking to rectify the mistake. Since the said representation has not been considered till date, the petitioner has filed this writ petition. 3.Heard Mr.K.R.Laxman, learned Counsel appearing for the writ petitioner and Mrs.S.Jeyapriya, learned Government Advocate who accepts notice on behalf of the respondents.

4.No prejudice would be caused if the petitioner's representation is considered by the second respondent on merits and in accordance with law after affording a fair hearing to the petitioner as well as any other necessary parties whom the second respondent deems fit to enquire within a time frame to be fixed by this Court.

5.Accordingly, this Court directs the second respondent to consider the petitioner's representation dated 12.02.2022 requesting the second respondent to rectify the alleged mistake committed in the Patta No.985 in respect of the property bearing Old S.No.173/1 and 7, New S.No.33/1 and 7, measuring 1 Acre and 30 Cents of Vilangudi Village 2nd Bit, Madurai North Taluk, Madurai District and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and other necessary parties whom the second respondent deems fit to enquire within a period of twelve [12] weeks 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) MR To

1. The District Collector,

2. The Revenue Divisional Officer, Madurai North, 2/3

3. The Tahsildar, Madurai North Taluk, +1 CC to M/s.K.R.LAXMAN, Advocate ( SR-15502[F] dated 30/03/2022 ) +1 CC to M/s.SPL GP ( SR-16049[F] dated 01/04/2022 ) ORDER MADE IN 30.03.2022 sr(CO) TR(07.04.2022) 3P 6C 3/3