S.Pitchai Muthu Asari v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.14457 of 2015 S.Pitchai Muthu Asari, ... Petitioner Vs.

The Tahsildar, Vadipatti Taluk, Madurai District.

... Respondent PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to correct the Computer Patta of the petitioner clearly after verifying the identify of the petitioner's property after surveying the same by considering the petitioner's representation dated 05.03.2015.

For Petitioner : Mr.R.Sevugaraja For Respondent : Mr.G.Muthukannan Government Advocate *****

O R D E R

The petitioner has come up with the present writ petition seeking issue a Writ of Mandamus, directing the respondent to correct the Computer Patta as per the representation of the petitioner, dated 05.03.2015.

2. The petitioner would state that he has inherited property in Survey No.284/3B,4B, situated at Periyaoorsari Village in Vadipatti Taluk, Madurai District.

3. The petitioner would further state that in the year 1979, the Government of Tamil Nadu has formed a road in the Survey No.284/3B,4B and it was sub-divided as 284/3A and 4A. But, in the computer patta, it was wrongly stated that the property in Survey No.284/3A and 4A belongs to the petitioner instead of 284/3B and 4B and to rectify the mistake, the petitioner gave a representation on 05.03.2015. Since no action was taken, the present writ petition has been filed.

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4. Heard Mr.R.Sevugaraja, learned counsel appearing for the petitioner and Mr.G.Muthukannan, learned Government Advocate appearing for the respondent.

5. The learned Government Advocate would submit that any correction in computer patta can be carried out only by the Collector of the concerned District and the Tahsildar has no power.

6. In view of the above submission, the petitioner is directed to give a fresh representation to the District Collector, Madurai enclosing a copy of this order within a period of two weeks from the date of receipt of a copy of this order. On such receipt of representation, the District Collector, Madurai, is directed to consider the same and pass orders on merits and in accordance with law within a period of eight weeks therefrom.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To The Tahsildar, Vadipatti Taluk, Madurai District.

Copy to:

The District Collector, Madurai.

+1 cc to Mr.R.Sevugaraja , Advocate in SR.No. 74076 dss/sm AE/KP/SAR1/15.09.2017/2P/4C W.P.(MD)No.14457 of 2015 23.08.2017 https://hcservices.ecourts.gov.in/hcservices/