G.Rajkumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Rajkumar .. Petitioner Vs.
1.The District Collector, Tirunelveli, Tirunelveli District.
2.The Revenue Divisional Officer, Tiruenelveli, Tirunelveli District.
3.The Thasildar, Tirunelveli, Tiruenelveli District.
4.M.K.Kanagaraj 5.Chelladurai 6.Arumugam 7.Sankaranarayanan (R4 to R7 impleaded vide Court order dated 23.09.2020 in WMP(MD)No.10596/2020) .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent to expedite the proceedings and to pass final orders and consequently direct the respondents to cancel the wrong entry made in the petitioner's property in Survey No.346/2, 347/2 in Patta No.1901 and 1684, situated in Keelanatham Village, Palayamkottai, Tirunelveli District and to issue separate patta in the name of petitioner and Muthukumar, based on the petitioner's representation dated 21.07.2019, within a time frame fixed by this Court.
For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.P.Mahendran, Addl Govt. Pleader for R1 to R3.
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ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the third respondent to consider the representation made by the petitioner dated 21.07.2019, wherein the petitioner has sought for cancellation of entries made in the revenue records in favour of respondents 4 to 7 and for issuance of patta in the name of the petitioner and one Muthukar.
2. The case of the petitioner is that he and his friend Muthukumar jointly purchased the subject property, by virtue of a registered sale deed dated 30.03.2012. The further case of the petitioner is that they are in possession and enjoyment of the property and a separate patta was also issued for the subject property in patta Nos.1901 and 1684.
3. The grievance of the petitioner is that a subdivision was undertaken even without the knowledge of the petitioner and the other co-owner and the names of respondents 4 to 7 was included in the patta.
4. The petitioner therefore, made an application before the third respondent on 21.07.2019, to remove the entries and to restore the patta to its original position. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.
5. Heard Mr.J.Jeyakumaran, learned counsel appearing on behalf of the petitioner and Mr.P.Mahendran, the learned Additional Government Pleader, appearing on behalf of the respondents 1 to 3.
6. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the third respondent to act upon the representation made by the petitioner on 21.07.2019, after affording opportunity to the petitioner and respondents 4 to 7 and deal with the same strictly in accordance with law and pass final orders within a period of eight weeks from the date of receipt of a copy of this order.
7. The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and a copy of this order.
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8. This Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (AE) / True Copy/ / /2021 Sub Assistant Registrar(CS) vsm 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, Tirunelveli, Tirunelveli District.
2.The Revenue Divisional Officer, Tiruenelveli, Tirunelveli District.
3.The Thasildar, Tirunelveli, Tiruenelveli District.
+1 CC to M/s.SPL GP (SR-16913[F] dated 21/04/2021) 20.04.2021 SSI (06.05.2021) 3P 5C 3/3