M.Karuppiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR M.Karuppiah ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Assistant Director of Land Survey, O/o.The District Collector, Trichy.

3.The Revenue Divisional Officer, Musiri, Trichy District.

4.The Tahsildar, Thuraiyur Taluk, Thuraiyur, Trichy District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to demarcate the petitioner's land in Natham Survey No.790/9, Kottathur Village, Thuraiyur Taluk, Trichy District and to issue fresh patta after rectifying the mistakes by considering the petitioner's representations dated 20.09.2018 and 09.11.2019. For Petitioner : Mr.J.Parekhkumar For Respondents : Mr.C.M.Marichelliah Prabhu, Additional Government Pleader.

ORDER

This writ petition is filed seeking for direction to direct the respondents to demarcate the petitioner's land in Natham Survey No.790/9, Kottathur Village, Thuraiyur Taluk, Trichy District and to issue fresh patta after rectify the mistakes by considering the petitioner's representations dated 20.09.2018 and 09.11.2019. 2.The learned counsel appearing for the petitioner would submit that the petitioner purchased a property with a tiled house 1/3

measuring an extent of 2,240 (70'x32') sq.ft in Old Natham S.No.409, Kottathur village, Thuraiyur Taluk, Trichy District. In Natham resurvey, it was assigned as Natham Survey No.790/9. He further submitted that the petitioner came to know that the Natham Patta issued under Natham Survey, the extent of the petitioner's land has been mentioned as 0.1.33 Hec (i.e., 1431 sq.ft) instead of 2,240 sq.ft, subsequently. The writ petitioner approached the fourth respondent/Thasildhar and made representation dated 20.09.2018 for issuance of fresh patta after demarcating the petitioner's land. But so far, no action has been taken. Thereafter, the petitioner made a legal notice dated 24.06.2019 to the respondents, the same also has not been considered. Hence, the petitioner has filed this present writ petition.

3. The learned Additional Government Pleader appearing for the respondent would submit that the petitioner wants to rectify the error made in Natham patta. If the petitioner make fresh representation, the same would be considered by the Tahsildar. 4.In view of the aforesaid submissions made by the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents and also considering the limited scope of the prayer made in the writ petition, without expressing any opinion on the merits of the case, this Court directs the fourth respondent/Tahsildar to consider the petitioner's representation dated 09.11.2019 and pass appropriate orders on merits and in accordance with law, after providing an opportunity to any interested parties, within a period of twelve weeks from the date of receipt of a copy of this order. 5.This Writ Petition is disposed of, with the above direction. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS ) das 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.

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To 1.The District Collector, Trichy District, Trichy.

2.The Assistant Director of Land Survey, O/o.The District Collector, Trichy.

3.The Revenue Divisional Officer, Musiri, Trichy District.

4.The Tahsildar, Thuraiyur Taluk, Thuraiyur, Trichy District.

+1 CC to SGP ( SR-17743[F] dated 22/09/2020 ) 21.09.2020 NR (06.10.2020) 3P 6C 3/3