Hameed Ibrahim.M.K.M.S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 18.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) M.K.M.S.Hameed Ibrahim ... Petitioner Vs.
1.The District Collector Theni District Theni.
2.The Sub Collector/Revenue Divisional Officer, Uthammapalayam Theni District.
3.The Tahsildar Uthammapalayam Taluk Uthammapalayam Theni District.
... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 3rd respondent herein to implement the order of the 2nd respondent herein in his proceedings in Na.Ka.No.5640/2018/A4 dated 10.12.2018 and to issue patta in favour of M.K.M.S.Hameed Ibrahim (the petitioner), M.K.M.S.Ahamed Abdul Wajid, M.K.M.S.Ahamed Sayeed and M.K.M.S.Yasin Maszood in respect of the land in Uthammapalayam Taluk, Theni District.
For Petitioner :Mr.K.Hema Karthikeyan For Respondent :Mr.M.Lingadurai Government Advocate (civil)
ORDER
This writ petition has been filed for the issue of a writ of mandamus directing the third respondent to give effect to the orders passed by the second respondent through proceedings dated 10.12.2018 and issue patta in favour of the petitioner and three others with respect to the subject property.
2.The case of the petitioner is that the subject property was wrongly classified as poramboke in the revenue records. Hence an appeal was filed before the second respondent in order to rectify the mistake in the revenue records and to issue patta in the name of the petitioner and three others with respect to the subject property situated at S.No.205/2 in Uthamapuram village. 1/3
3. The further case of the petitioner is that the second respondent conducted a detailed enquiry and through proceedings dated 10.12.2018, an order was passed directing the rectification of the revenue records and for issuing patta in the name of the petitioner and three others. The grievance of the petitioner is that in spite of the orders passed by the second respondent, the same was not acted upon by the third respondent and representations were made in this regard. These representations did not evoke any response from the third respondent and left with no other alternative, the present writ petition has been filed before this Court seeking for appropriate directions.
4. Heard the learned counsel for the petitioner and the learned Government Advocate (Civil) for the first respondent.
5. Taking into consideration the facts and circumstances of the case and also the fact that the second respondent has already passed an order through proceedings dated 10.12.2018, there shall be a direction to the third respondent to consider the representations made by the petitioner and also the orders passed by the second respondent and undertake the necessary corrections in the revenue records and issue patta within six weeks from the date of receipt of a copy of this order.
6. The petitioner is directed to make a fresh representation to the third respondent along with a copy of the relevant documents and also a copy of this order. A copy of the representation shall also be marked to the second respondent.
7. The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector Theni District Theni.
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2.The Sub Collector/Revenue Divisional Officer, Uthammapalayam Theni District.
3.The Tahsildar Uthammapalayam Taluk Uthammapalayam Theni District.
+1 CC to M/s.K.HEMAKARTHIKEYAN, Advocate ( SR-19592[F] dated 18/06/2021 ) +1 CC to M/s.SPL GP ( SR-19748[F] dated 21/06/2021 ) 18.06.2021 KB(25.06.2021) 3P 6C 3/3