Abdul Razak. A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.(MD)No.3455 of 2021 A.Abdul Razak

...Petitioner

Vs.

1.The District Collector, O/o.The District Collector, Sivagangai, Sivagangai District.

2.The District Revenue Officer, O/o.The District Revenue Office, Sivagangai, Sivagangai District.

3.The Tahsildar, O/o.The Tahsildar, Manamadurai, Sivagangai District.

4.Ayisha Siddika

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue orders or directions or writs in the nature of Writ of Mandamus directing the respondent no.3 to change the patta in Survey No.467/6 situated in Burma Colony 2nd street, Melkarai 1/4

New Ward No.12, Manamadurai Town, Sivagangai Dt., in the light of the order passed by the respondent no.2 vide proceedings in Pa.Mu.Pi 1/18942/17 dt 12.06.2019 by considering the petitioner's representation dt 09.03.2020.

For Petitioner :Mr.S.M.A.Jinnah For Respondents :Mr.K.S.Selvaganesan for R1 to R3 Additional Government Pleader Mr.R.Senthilkumar for R4

O R D E R

This writ petition has been filed for issuance of writ of mandamus directing the third respondent to change the patta with respect to subject property in the name of the petitioner by considering representation made by the petitioner on 09.03.2020.

2. When the matter was taken up for hearing, the learned Additional Government Pleader appearing for the official respondents on instructions submitted that the patta has already been changed in the name of one Shahul Hameed and the relevant materials were also placed before this Court. The said statement is recorded. 2/4

3. It is also brought to the notice of this Court that the fourth respondent had instituted a suit in O.S.No.22 of 2020 before the Sub Court, Manamadurai against the father of the petitioner with respect to subject property and this suit was also decreed by judgment and decree dated 09.11.2022. It is not necessary for this Court to go into this issue in view of the earlier submission made by the learned Additional Government Pleader. Insofar as the suit is concerned, it is left open to the petitioner to agitate his rights in the manner known to law.

4. This writ petition is disposed in the above terms. No costs. 12.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No SM 3/4

N. ANAND VENKATESH , J.

SM To 1.The District Collector, O/o.The District Collector, Sivagangai, Sivagangai District.

2.The District Revenue Officer, O/o.The District Revenue Office, Sivagangai, Sivagangai District.

3.The Tahsildar, O/o.The Tahsildar, Manamadurai, Sivagangai District.

Order made in W.P(MD)No.3455 of 2021 Dated 12.10.2023 4/4