Chinnu v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN and W.P.(MD)Nos.13542 and 13550 and 2020 Chinnu ... Petitioner -vs1.The District Revenue Officer, Pudukkottai, 2.The Tahsildar, Viralimalai Taluk, 3.The Zonal Deputy Tahsildar, Viralimalai Taluk, 4.Selvam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for records relating to the impugned proceedings of the second and third respondent in respect of including the name of the fourth respondent in the joint patta bearing patta No.6413 through the proceedings dated 27.08.2020 and published in the official website on 30.09.2020 pertaining to the land comprised in pula No.10/1, Velure Village, Viralimalai Taluk, Pudukkottai District. For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.K.P.Krishnadoss 1 to 3 Special Government Pleader
ORDER
This writ petition is filed seeking issuance of a Writ of Certiorari calling for records relating to the impugned proceedings of the second and third respondent in respect of 1/3
including the name of the fourth respondent in the joint patta bearing patta No.6413 through the proceedings dated 27.08.2020 and published in the official website on 30.09.2020 pertaining to the land comprised in pula No.10/1, Velure Village, Viralimalai Taluk, 2.Heard the learned Counsel appearing for the petitioner and Mr.K.P.Krishnadoss, learned Special Government Pleader, who took notice for the respondents 1 to 3. Since this Court is not going to pass any adverse order against the fourth respondent, notice to him is dispensed with.
3.It is represented by the learned counsel appearing for the petitioner that the property measuring to an extent of 0.11.50 Ares in Pula No.10/1 situated in Velure Village, Viralimalai Taluk, Pudukkottai District, was originally belonged to the petitioner's ancestors in title and the patta bearing No.650 stood in the name of the petitioner and other joint pattathars, namely, Pitchai, S/o.Raman; Elumalai, S/o.Raman and Raman, S/o.Rengan. Since the said Elumalai died issueless and Pitchai also died on 23.06.2020, the petitioner approached the second respondent to delete their names in the patta. The third respondent, based on the application dated 19.08.2020 made by the petitioner, passed an order on 22.08.2020 directing to issue joint patta in favour of the petitioner, one Raman, S/o.Rengan and Pitchai, S/o.
Raman and further directed the Village Administrative Officer to effect name changes in the revenue records. However, on verification of Chitta and Patta relating to patta No.6413, the petitioner came to know that the third respondent had included the name of one Selvam, S/o.Perumal, the fourth respondent herein, in the joint patta and that he is not at all related to the said property. Therefore, challenging the same, the petitioner has come forward with the present Writ Petition.
4.Mr.K.P.Krishnadoss, learned Special Government Pleader appearing for the respondents 1 to 3 would submit that the name of the fourth respondent has been erroneously included in the proceedings dated 27.08.2020 and that the request of the petitioner has been taken note of by the first respondent, who has mad a recommendation on 17.11.2020 for deletion of the name of the said Selvam, S/o.Perumal.
5.Considering the facts and circumstances of the case and also the submission of the learned Special Government Pleader appearing for the respondents 1 to 3 that an error has been crept in in the proceedings of the third respondent dated 27.08.2020, the same is liable to be quashed and accordingly, quashed. The Writ Petition is allowed with a direction to the authority concerned to issue fresh patta by deleting the name of Selvam, S/o.Perumal, within a 2/3
period of 60 days from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) SRM To 1.The District Revenue Officer, Pudukkottai, 2.The Tahsildar, Viralimalai Taluk, 3.The Zonal Deputy Tahsildar, Viralimalai Taluk, +1 cc to The Special Government Pleader Sr.No.22205 W.P(MD)No.16171 of 2020 18.11.2020 KM (07.01.2021) 3P 5C 3/3