Chinnappan A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P(MD)Nos.8848 & 8849 of 2025 A.Chinnappan .... Petitioner /Vs/

1. The District Collector Sivagangai District. Sivagangai.

2. The District Revenue Officer Sivagangai District. Sivagangai.

3. The Tahsildhar Devakottai Taluk, Devakottai, Sivagangai District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed the 3rd respondent the Thasildar, Thidakkottai taluk, Sivgangai District, vide No.Na.Ka.A3-1219-2024 dated 19 - 12-2024 and quash the same and thereby directing these respondents 1 to 3 to issue patta in favour of the legal heirs of the petitioners wife late Jebamalai Mary for the S.No. 1/6

414/2D and 414/2E in Thidakkottai revenue village, Devakotti Taluk , Sivaganagai District according the order of Revenue Court Dated 11.12.2018.

For Petitioner : Mr.R.Venkadesh Kumar For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

I have heard Mr.R.Venkadesh Kumar, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents.

2. Though the petitioner challenges the order of the third respondent in Na.Ka.A3-1219-2024, dated 19.12.2024 and consequently seeks issuance of patta in favour of the petitioner's wife including the petitioner, the learned Special Government Pleader appearing for the respondents would invite my attention to the impugned order and submit that no adverse orders have been passed against the petitioner to require the petitioner to challenge the order dated 19.12.2024.

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3. I have gone through the impugned order as rightly pointed out by the learned Special Government Pleader that direction has only been given to the petitioner to approach the Assistant Director, Land and Survey for necessary corrections to be carried out before the patta application can be considered by the third respondent in view of the variations in the extent.

4. I am in agreement with the submissions of the learned Special Government Pleader. The application of the petitioner has not been rejected as can be seen from the impugned order. In view of the above, there is no necessity to set aside the impugned order. However, liberty is granted to the petitioner to make an application before the Assistant Director, Land and Survey, Sivagangai within a period of two weeks from the date of receipt of a copy of this order. On receipt of such application for corrections of the extent, the Assistant Director, Land and Survey, Sivagangai shall conduct an enquiry and pass orders on the application of the petitioner and subject to the orders passed by the Assistant Director, Land and Survey, the third respondent shall proceed 3/6

with the application of the petitioner for issuance of Patna. The said exercise shall be carried out within a period of eight weeks from the date of receipt of the application and his report shall be forwarded to the third respondent within a period of two weeks thereafter and within four weeks thereafter, the Tahsildar shall pass final orders.

5. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No NCC : Yes / No 28.04.2025 am 4/6

To

1. The District Collector Sivagangai District. Sivagangai.

2. The District Revenue Officer Sivagangai District. Sivagangai.

3. The Tahsildhar Devakottai Taluk, Devakottai, Sivagangai District.

Copy To The Assistant Director, Land and Survey, Sivagangai District.

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P.B. BALAJI , J.

am Order made in Dated:

28.04.2025 6/6